Petitioner sought bail in a case under the Arms Act for allegedly providing pistols. Despite lack of criminal antecedents, the court considered the peculiar nature of allegations and granted bail.
Petitioner enlarged on bail on furnishing bond of Rs.10,000/- with two sureties to the satisfaction of SDJM, Daudnagar.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 3628 of 2017
Arising out of P.S. Case No. - 42 Year - 2016 Thana - UPHARA District - AURANGABAD
====================================================== Alha Choubey, Son of Late Bhushan Choubey, Resident of Village - Hamidpur, Police Station - Uphara, District - Aurangabad
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Manish Kumar No-2, Advocate For the Opposite Party : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 07-03-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)A, 26 and 35 of the Arms Act.
The petitioner and co-accused intercepted two persons along with pistol and produced them before the police.
The Dy. S.P. during supervision of that case found that, in fact, the pistols were provided by the petitioner and co-accused Venkatesh Dubey. Thereafter, the present case has been lodged against the petitioner and Venkatesh Dubey, though the petitioner has got no criminal antecedent.
However, considering the background and peculiar nature of allegation, let the petitioner, above named, be
Patna High Court Cr.Misc. No.3628 of 2017 (3) dt.07-03-2017
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enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad/successor Court in connection with Uphara Police Station Case No. 42 of 2016.
(Birendra Kumar, J)
Kundan
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving antecedent evidence and peculiar allegations of providing pistols.
1 provisions across 1 enactments
Alha Choubey
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
