This bail petition, arising from an Arms Act case, was allowed. The High Court released the petitioner on bail by furnishing bonds with sureties, considering the length of incarceration and lack of criminal antecedents.
Petitioner Jitendra Kumar released on bail upon furnishing a bond of Rs. 10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37056 of 2016
Arising out of PS.Case No. -163 Year- 2015 Thana -SAHKUND District- BHAGALPUR
====================================================== Jitendra Kumar, son of Shyamdeo Mahto, Resident of Village/MohallaBelthu, P.S.- Shahkund, District- Bhagalpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Ajay Kumar -2,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER
2 05-10-2016 Heard learned counsel for the petitioner and counsel for the State.
The petitioner is in custody in connection with Sahkund P.S. Case No. 163 of 2015 for offence punishable under Sections 25(1-b)a and 26 of the Arms Act.
The petitioner was apprehended and a country made pistol with five cartridges was recovered from his possession. Mr. Ajay Kumar Jha, learned counsel for the petitioner with reference to the statement present at paragraph-3 submits that there is no criminal antecedent of the petitioner and it is considering the circumstances that a liberty was granted when the prayer of the petitioner was last considered in Criminal Misc. No. 57943 of 2015 and was rejected on 22.01.2016. He submits that petitioner is suffering incarceration for a period of more than nine months.
Patna High Court Cr.Misc. No.37056 of 2016 (2) dt.05-10-2016
2
Having heard learned counsel for the parties and considering the circumstances, let the petitioner Jitendra Kumar be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bhagalpur in connection with Sahkund P.S. Case No. 163 of 2015, G.R. No. 3152 of 2015.
(Jyoti Saran, J)
S.Sb/-
U T
1 issue framed by the court
Whether the petitioner, suffering incarceration for nine months in connection with an offence under the Arms Act, should be released on bail.
Jitendra Kumar
The State of Bihar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
