The High Court at Patna granted bail to the petitioner, who was accused of illegal possession of arms. The court noted the petitioner's prolonged custody without an allegation of witness tampering and quashed the FIR against him.
Petitioner released on bail on 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.8484 of 2017
Arising Out of PS.Case No. -211 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Ashok Kumar Yadav, Son of Late Ram Janam Yadav, Resident of VillageBairagi Tola, P.S.- Kalyanpur, District- East Champaran.
.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 15-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 25(1-b) a, 26, 35 of the Arms Act.
It is alleged that on the basis of confidential information, the petitioner was apprehended with illegal arms and thereafter one co-accused namely Yogi Thakur was apprehended by the police and from him, one country made pistol without barrel is said to have been recovered from his possession.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.09.2015. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The
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petitioner has been made accused due to mistake of fact. The petitioner was apprehended in a case at Annexure-2 for an offence under Arms Act, in which, he has been granted bail by another coordinate Bench of this Court. The said order is Annexure-2/1 to the present application. After the arrest in the said case, his confession was recorded and on the confession, one country made pistol was recovered from the possession of co-accused namely Yogi Thakur. Subsequently, the petitioner was remanded in the present case. He has remained in custody for about one and half years. There is no compliance of Section 100 of the Cr.P.C.
On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned 11th Additional Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kesariya P.S. Case No. 211 of 2015.
(Sudhir Singh, J)
Amit/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in a criminal case involving illegal possession of arms after being in custody for over a year and where there is no allegation of tampering w
2 provisions across 2 enactments
Ashok Kumar Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
