In criminal miscellaneous appeal, the Patna High Court allowed bail to the petitioner charged under the Arms Act and U.A.P. Act, directing release on furnishing bonds and sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of similar amount to the satisfaction of C.J.M., Munger.
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.29948 of 2017
Arising Out of PS.Case No. -299 Year- 2013 Thana -KHARAGPUR District- MUNGER
======================================================
Ranjan Yadav Son of Late Rajendra Yadav, Resident of village- Telwariya, P.S.- Haweli Kharagpur, District- Munger.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 07-07-2017 Heard learned counsel for the petitioner and learned
APP for the State.
This is a case registered under Sections 25(1-AA), 25(1-AAA), 26(II),35 of the Arms Act and 16,18,23 and 20 of the U.A.P. Act.
Counsel for the petitioner submits that he has falsely been implicated in this case on the basis of disclosure made by the apprehended co-accused who was caught on the spot. He further submits that no incriminating articles have been recovered from his possession and he was not caught at the spot. He also submits that he has no criminal antecedent prior to the instant
case and that his own brother who is similarly situated has
Patna High Court Cr.Misc. No.29948 of 2017 (2) dt.07-07-2017
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already been granted bail vide order dated 17.12.2015 passed in Cr. Misc. 56932 of 2015. The petitioner is in jail custody since 07.02.2017.
In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Kharagpur P.S. Case No. 299 of 2013.
(Madhuresh Prasad, J)
Prakash/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in an Arms Act case.
2 provisions across 2 enactments
Ranjan Yadav
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
