Petitioner sought bail in a case involving recovery of a loaded pistol and other articles. The court rejected the bail prayer, citing the serious nature of the article recovered and the petitioner having been in custody for only two months.
Prayer for bail was rejected.
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.
Patna High Court Cr.Misc. No.19993 of 2018 (2) dt.05-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19993 of 2018
Arising Out of PS.Case No. -18 Year- 2018 Thana -FORBESGANJ District- ARRARIA
====================================================== Imtiyaz Alam @ Md. Imtiyaz Alam, son of Md. Nauman, resident of Village Bansbari, Ward No. 13 PS Araria, District Araria
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Smt. Sahin Begam
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
Petitioner, already in custody since 8.1.2018, seeks bail in Forbesganj (Simraha) PS Case No. 18 of 2018 registered under Sections 25(1-b)a and 26 of the IPC.
The allegation in brief is that a country made loaded pistol, one digital camera, nine ATM cards in the name of another persons and two mobiles were recovered from the possession of the petitioner.
Learned Counsel for the petitioner submits that the petitioner had gone to lodge a case in the police station, hot discussion took place with the informant, the police officer, and therefore falsely implicated in this case.
Having considered recovery of fire arm with live cartridge and the petitioner having been in custody for only last two months, his prayer for bail is presently rejected.
(Arun Kumar, J.)
Snkumar/-
U T
2 issues framed by the court
Whether bail should be granted to a petitioner arrested for possession of a loaded pistol and other articles who has been in custody for two months.
Whether the allegation of false implication sustains a bail application in the facts of this case.
Imtiyaz Alam @ Md. Imtiyaz Alam
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
