The High Court at Patna granted bail to the petitioner in an Arms Act case. The court noted the petitioner was not caught on the spot, nothing was recovered from him, and similar cases against co-accused had previously been allowed bail.
Petitioner directed to be released on bail by furnishing bonds of Rs 10,000 with two sureties of the like amount.
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Patna High Court Cr.Misc. No.24827 of 2016 (3) dt.04-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24827 of 2016
Arising Out of PS.Case No. -93 Year- 2014 Thana -PURAINI District- MADHEPURA
====================================================== 1. Pankaj Yadav Son of Naresh Yadav Resident of village - Pakilpar, P.S. Bihariganj, District - Madhepura.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s Mr. Akbar Ali(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 04.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections 25 (I-B)a, 26,35 of the Arms Act.
Neither petitioner was caught on the spot nor anything was recovered from his conscious possession and it appears that his name was disclosed by co–accused who were caught on the spot.
Moreover, having more or less similar allegation, some coaccused have already been granted privilege of bail by different benches of this court.
Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Uda-kishunganj District Madhepura in Puraini P.S. Case no. 93/2014.
shahid U T
(Hemant Kumar Srivastava,J)
2 issues framed by the court
Whether the petitioner is eligible for bail in a case registered under sections 25(1-B)(a), 26, and 35 of the Arms Act when he was not caught on the spot.
Whether similar allegations against other co-accused having been granted bail affect the petitioner's bail application.
1 provisions across 1 enactments
Pankaj Yadav
The State of Bihar
HEMANT KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
