The High Court of Patna granted bail to the petitioner in an Arms Act case involving illegal possession of a firearm and cartridges, where charges had been framed after his custodial luggage.
Petitioner enlarged on bail by furnishing bond of Rs 10,000 with two sureties.
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.44941 of 2017
Arising Out of PS.Case No. -11 Year- 2017 Thana -PARWATTA District- KHAGARIA
====================================================== Nagina Yadav, Son of Late Nand Kishore Yadav, R/o Village Vasudevpur, P.S.-Gogari, District-Khagaria.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 13-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Parbatta (Maraiya) P.S. Case No. 11 of 2017 registered under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
As per the prosecution case, the petitioner along with other accused persons resorted firing to establish his supremacy in the village. The petitioner was apprehended with one loaded pistol and two live cartridges.
It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the possession of the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. He has been languishing in custody since 11.01.2017. Earlier bail petition of
Patna High Court Cr.Misc. No.44941 of 2017 (2) dt.13-09-2017
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the petitioner was rejected with liberty to renew the same after framing of charge and now the charge has been framed against the petitioner on 17.07.2017.
Considering the facts aforesaid, the above named petitioner is directed to be 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 the learned Chief Judicial Magistrate, Khagaria in connection with Parbatta (Maraiya) P.S. Case No. 11 of 2017.
(Prakash Chandra Jaiswal, J)
Mishra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the Arms Act case wherein charges have been framed.
1 provisions across 1 enactments
Nagina Yadav
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
