Petitioner, in judicial custody under the Arms Act, sought bail. The Court granted bail, noting the petitioner cooperated in arms recovery and has no criminal history, despite the prosecution case involving accused relatives.
Petitioner enlarged on bail with a bond of Rs. 10,000 and two sureties of Rs. 10,000 each in close kinship.
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.27547 of 2018
Arising Out of PS. Case No.-366 Year-2017 Thana- SASARAM NAGAR District- Rohtas
======================================================
Vijay Pasi son of Ram Janam Pasi resident of Village Rangpur, P.S. Darigaon, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhinay Raj, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 09-05-2018 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner had earlier moved for bail, which was rejected vide order dated 31.10.2017 passed in Cr. Misc. No. 40455 of 2017. Petitioner is languishing in judicial custody since 24.03.2017 in connection with Sasaram (Darigaon) P.S. Case No. 366 of 2017 registered for the offence punishable under Sections 25(1-b) a, 26 and 35 of the Arms Act.
The prosecution case, as lodged by the informantpolice personnel, is that one dreaded naxalite, Pramod Tiwary @ Naga was arrested, who confessed that huge quantity of arms and ammunitions have been stored in the house of Lalji Pasi. Thereafter, house of Lalji Pasi was searched and the petitioner was apprehended and on his statement, garlic field of Lalji Pasi
Patna High Court Cr.Misc. No.27547 of 2018(2) dt.09-05-2018 2/3
was searched and huge quantity of arms and ammunitions were recovered. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent and bears no criminal history. He submits that neither cognizance has been taken as yet nor charges have been framed and the petitioner is languishing in judicial custody for more than a year. He submits that it is on his cooperation that the recovery of arms was made and just because said co-accused Lalji Pasi happens to be his nephew, he has been made accused in the present case
However, learned A.P.P. for the State opposes the prayer for bail.
Be that as it may, considering the facts and circumstances and the materials on record and that on the tip-off of the petitioner that huge quantity of arms and ammunitions were recovered and that he bears no criminal history, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram (Darigaon) P.S. Case No. 366 of 2017, subject to the condition that both the bailors would be close relative of the
Patna High Court Cr.Misc. No.27547 of 2018(2) dt.09-05-2018 3/3
petitioner having sufficient immovable properties, who will file an affidavit stating their relationship with the petitioner.
(Nilu Agrawal, J.)
Arjun/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering his plea of innocence, lack of conviction, and cooperation leading to the recovery of arms.
4 provisions across 1 enactments
Vijay Pasi
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
