Single judge of Patna High Court allowed bail application. Petitioner arrested for manufacturing offence under Arms Act on recovery of misfired cartridge. Seizure list allegedly illegal. Granted bail on 10,000 Rupees bond.
Release on bail on furnishing bonds of Rs 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37035 of 2017
Arising Out of PS.Case No. -126 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR
====================================================== Dinesh Tanti Son of Late Ram Prasad Tanti, Resident of Village- Narga Chowk, Dicruse Lane, P.S.- Nathnagar, District- Bhagalpur.
.... .... Petitioner/
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ajay Kumar Jha, Advocate For the Opposite Party : Smt. Anita Kumari Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
for the State.
The petitioner seeks bail in a case registered for offence under section 25(1-b)a, 26 and 35 of the Arms Act. He has been implicated in the case on the basis of recovery of a country made pistol loaded with a cartridge.
Petitioner submits that during investigation the recovered cartridge was found to be misfired. He submits that though he is accused along with other persons in some other case which has been disclosed in paragraph 3 of the petition. He submits that he is on bail in the said case. Petitioner is in custody since 18.4.2017 and seizure list has been prepared not in accordance with law.
In the facts and circumstances of the case, prayer for bail
Patna High Court Cr.Misc. No.37035 of 2017 (2) dt.10-08-2017
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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 the Additional Chief Judicial Magistrate, Bhagalpur in Nathnagar (Madhusudanpur) Police station Case No. 126 of 2017.
(Madhuresh Prasad, J)
Shashi.
U T
3 issues framed by the court
Whether bail should be granted to the accused implicated in the recovery of a misfired cartridge.
Whether the non-compliance with the legal format of the seizure list warrants bail.
Whether the petitioner being on bail in another case is a ground for refusal of bail.
1 provisions across 1 enactments
Dinesh Tanti
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
