This court rejected the petitioner's bail application in an arms possession case. The court noted the petitioner had criminal antecedents and argued that the recovery of a pistol сопровождалось a robbery attempt narrative, but currently denied bail.
Bail prayer rejected; petitioner directed to renew the prayer after six months.
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Patna High Court Cr.Misc. No.13629 of 2018 (2) dt.09-03-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13629 of 2018
Arising Out of PS.Case No. -665 Year- 2017 Thana -BIHTA District- PATNA
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Versus
====================================================== Appearance : For the Petitioner/s : Mr. Satyabir Bharti For the Opposite Party/s : Mr. Sri Amitesh Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 09-03-2018
Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Bihta PS Case No. 665 of 2017 registered under Sections 25(1-B)A, 26 and 35 of the Arms Act.
Submission is that one country made pistol with one live cartridge is said to have been recovered from the possession of the petitioner however he has remained in custody for six months approximately and he has two criminal antecedents; one case is counter blast to the case lodged by the petitioner and another lodged by truck driver due to which this case also arises as he is alleged that he tried to commit robbery but nothing was robbed and in fact the truck had hit a tempo therefore scuffle took place with the driver.
Having considered the said facts and circumstances, at present the prayer for bail of the petitioner is rejected.
The petitioner may renew the prayer for bail after six months.
(Arun Kumar, J.)
Snkumar/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner in an arms possession case given his criminal antecedents and the facts of the incident.
Whether the petitioner's continued custody of six months justifies grant of bail in the present exercise.
1 provisions across 1 enactments
Suraj Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
