In an arrest apprehension case under the Arms Act, the Patna High Court disposed of the petition by directing the court below to consider a regular bail plea if the petitioner surrenders within six weeks of the order.
Directed the lower court to consider regular bail if the petitioner surrenders within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19346 of 2016
Arising Out of PS.Case No. -73 Year- 2014 Thana -KIHIRI MORE District- PATNA
====================================================== Musafir Khan @ Arman Khan son of Late Kazim Khan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahboob Ashraf, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 12-05-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.
Prosecution case is that on secret information from the premises of the house of the petitioner country made pistol and eight cartridges were recovered.
It is submitted by learned counsel for the petitioner that the recovery cannot be treated from the possession of the petitioner as the petitioner resides outside the State and recovery has been made from the open area adjoining to the house of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Patna High Court Cr.Misc. No.19346 of 2016 (3) dt.12-05-2016
2/2
The aforesaid facts constitute ground for
consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Khirimore P.S. Case No.73/2014, pending before the learned Judicial Magistrate, 1st Class, Danapur.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail given apprehension of arrest and lack of criminal antecedents.
1 provisions across 1 enactments
Musafir Khan @ Arman Khan
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
