The Patna High Court dismissed a bail petition filed by a petitioner accused of offences under the Arms Act and UAPA. The court held that in view of the nature of the accusation and the petitioner's antecedents, it was not a fit case to grant bail.
Petitioner's bail petition dismissed; petitioner to remain in custody.
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.57661 of 2015
Arising Out of PS.Case No. -108 Year- 2015 Thana -CHAKAI District- JAMUI ====================================================== Dilip Kumar Roy Son of Late Dukhi Rai, Resident of Village- Dharpahri, Police Station- Bhelwaghati in the district of Giridih (Jharkhand) .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Narsing Tanti (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 21-01-2016 Heard Sri Sunil Kumar, learned counsel for the petitioner and Sri Narsingh Tanti, learned A.P.P.
The petitioner, who is in custody in connection with U.A.P. Case No. 96 of 2015 (arising out of Chakai P.S. Case No. 108 of 2015) registered for the offence under Section 25(1-b)a, 26, 35 of the Arms Act and Section 16, 17,18,19, 20, 21 , 22 of the Unlawful Activities (Prevention) Act, 1967 has prayed for grant of bail.
Learned counsel for the petitioner submits that petitioner has falsely been implicated on an allegation of recovery of one country made pistol without cartridge and he is in custody since 5.9.2015. Accordingly, he makes a prayer for grant of bail.
On perusal of the material on record particularly
Patna High Court Cr.Misc. No.57661 of 2015 (2) dt.21-01-2016
2/2
paragraph no. 3 of the petition it is evident that petitioner is accused in other such cases also.
In view of the nature of accusation and antecedent of
the petitioner, I do not find it a fit case to grant bail. The petition stands dismissed.
(Rakesh Kumar, J)
Praful/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail given the nature of accusation and antecedents in connection with offences under the Arms Act and UAPA.
Whether the recovery allegation of a country made pistol without cartridge warrants granting bail.
2 provisions across 2 enactments
Dilip Kumar Roy
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
