The High Court granted bail to the petitioner in an Arms Act case, directing him to furnish a bond of Rs. 20,000 with two sureties and cooperate with the investigation and trial.
Petitioner granted bail on Rs. 20,000 bond with two sureties of Rs. 20,000 each, conditioned on cooperation with investigation and trial.
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.10227 of 2018
Arising Out of PS.Case No. -319 Year- 2015 Thana -JOKIHAT District- ARRARIA
====================================================== 1. Md. Hasibur Rahman @ Raja, S/o Md. Hasim, Resident of Village- Islam Nagar, W.N.- 27, P.S.- Araria, District- Araria.
.... .... Petitioner/s
Versus .... .... Opposite Party/s
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
The report of the learned trial Judge would reveal that even the charges have not been framed up-till-now. The petitioner is in custody since 30.11.2015.
Considering the nature of allegation of recovery of firearm and cartridge from possession of the petitioner as well as period already undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in
Patna High Court Cr.Misc. No.10227 of 2018 (3) dt.04-04-2018
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connection with Jokihat Police Station Case No. 319 of 2015, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Kundan/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving offences under the Arms Act?
Whether the conditions for granting bail are satisfied given the period of custody and nature of allegations?
Md. Hasibur Rahman @ Raja
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
