Criminal Miscellaneous petition for bail in an arms offense case. The petitioner alleged police fabrication driven by election rivalry. The High Court granted bail on security.
Petitioner discharged on bail with bond of Rs. 10,000/- secured by two sureties of Rs. 10,000/- each to the Magistrate, Sikrahana.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34285 of 2016
Arising Out of PS.Case No. -35 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Guddu Kumar son of Nathuni Prasad Choudhary, Resident of Bakhri Khajuri, P.S. Dhaka, Dist. East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Agrawal For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 20-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-25(i-b)a/26/35 of the Arms Act.
One country-made pistol containing three live cartridges, is said to have been recovered from possession of the petitioner but submission on behalf of petitioner is that the present case was lodged by the police in connivance with political rivals of the petitioner as the petitioner was a candidate in Panchayat Election and that is the reason, the rival group of the petitioner got instituted the present case, so that, the petitioner could not contest the election. Moreover, the petitioner does not have any criminal
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antecedent and is languishing in jail custody since 04-03-2016.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Chiraiya P.S. Case No. 35 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Sikrahana at Dhaka.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether the petitioner, accused in an arms case, should be released on bail pending investigation.
Guddu Kumar son of Nathuni Prasad Choudhary
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
