Single judge granted bail to the petitioner in an arms case where a pistol was recovered from a shared vehicle, noting co-accused were already on bail. Bail bonds of Rs. 10,000 with sureties required.
Enlarged on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount.
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Patna High Court Cr.Misc. No.38072 of 2017 (2) dt.10-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38072 of 2017
Arising Out of PS.Case No. -263 Year- 2017 Thana -FORBESGANJ District- ARRARIA
====================================================== Devi Lal Yadav @ Devi Lal S/o Tej Narayan Yadav R/o Village-Gosaigoan P.S.-Gopalpur, District-Bhagalpur
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 10-08-2017 Heard the learned counsel for the petitioner and APP for the State.
The petitioner seeks bail in connection with Farbesganj P.S. Case no. 263 of 2017 registered under Sections 399, 402 of the Indian Penal Code and 25(1-b)A/26/35 of the Arms Act.
One country made pistol is said to have been recovered from the back seat of the vehicle of which seven accused persons including the petitioner were occupants.
It is submitted by the learned counsel for the petitioner that nothing incriminating article has been recovered from his conscious physical possession rather on the back seat of the vehicle of which seven persons were occupants. The petitioner had no knowledge of keeping of the arm in the vehicle.
Patna High Court Cr.Misc. No.38072 of 2017 (2) dt.10-08-2017
The petitioner is languishing in custody since 24.04.2017. The co-accused namely, Sintu Kumar and Rajan Singh have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 20.07.2017 passed in Cr. Misc. no. 33153 of 2017. The case of the petitioner stands on similar footing.
Having considered the facts and circumstances of the case, let above named petitioner, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Farbesganj P.S. Case no. 263 of 2017.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving possession of a pistol in a shared vehicle.
Devi Lal Yadav @ Devi Lal
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
