The Patna High Court granted bail to Brajesh Sharma, an accused in an Arms Act case, after six months of custody and finding no criminal antecedents, directing him to furnish a bail bond.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each.
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.36854 of 2017
Arising Out of PS.Case No. -109 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA
====================================================== Brajesh Sharma Son of Sri Gurudeo Sharma Resident of Village - Pama Tola Kabaiya, Police Station - Sour Bazar (Patarghat O.P.), District - Saharsa.
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Sri Nand Kishore Pd
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 19-08-2017 Heard learned counsel for the petitioner and the State. Petitioner is an accused in Bihariganj P.S. Case No. 109 of 2017 for the offense under sections 25(1-b)a, 26 and 35 of the Arms Act.
The petitioner is in custody since 31.3.2017.
There is statement on affidavit in para-3 that the petitioner has no criminal antecedent.
From perusal of the seizure list, it appears that four live cartridges were recovered from the pocket of this petitioner.
Having regard to the fact that the petitioner has no criminal antecedent as stated in para-3 and the fact that he has remained in custody for nearly six months, let the petitioner,
Patna High Court Cr.Misc. No.36854 of 2017 (2) dt.19-08-2017
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named above, be released 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 Judicial Magistrate-1st Class, Udakishunganj, Madhepura or successor court, in connection with Bihariganj P.S. Case No. 109 of 2017 on the condition that the petitioner will extend full cooperation in the trial and will not, in any manner, tamper with the evidence or influence the witnesses.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail after being in custody for nearly six months without criminal antecedents.
1 provisions across 1 enactments
Brajesh Sharma
The State of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
