This oral order granted bail to Jadu Nandan Ray, aged 70, in a Maner P.S. case for offenses under the Arms Act, directed to be executed by the Judicial Magistrate, Danapur, upon furnishing a bond with two sureties.
Petitioner to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46196 of 2017
Arising Out of PS.Case No. -129 Year- 2017 Thana -MANER District- PATNA
====================================================== Jadu Nandan Ray Son of Late Hem Narayan Ray, R/o Village- Baluwan, P.S.- Maner, District- Patna
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Maner P.S. Case No. 129 of 2017 registered under Sections 25(1-b)a and 26 of the Arms Act.
One country made pistol along with three live cartridges is said to have been recovered and seized from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The police has obtained his signature on the blank paper coercing him. The petitioner happens to be old fellow aged about 70 years and has
Patna High Court Cr.Misc. No.46196 of 2017 (2) dt.21-09-2017
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been languishing in custody since 28.03.2017.
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 Judicial Magistrate 1st Class, Danapur, Patna in connection with Maner P.S. Case No. 129 of 2017.
(Prakash Chandra Jaiswal, J)
Mishra/-
U T
2 issues framed by the court
Whether a petitioner charged with offenses under the Arms Act is entitled to bail considering his age and circumstances of recovery.
Whether coercion in recovering the incriminating article affects the bail petition.
1 provisions across 1 enactments
Jadu Nandan Ray
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
