The Patna HC granted bail to the petitioner in a PS case involving underage sale of intoxicants and arms offences, directing him to furnish a bond of Rs.10,000 with two sureties.
Enlargement on bail on furnishing a bond of Rs.10,000 with two sureties to the satisfaction of the Addl. CJM, Bikramganj.
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.28101 of 2018
Arising Out of PS. Case No.-39 Year-2018 Thana- BIKRAMGANJ District- Rohtas
======================================================
Chhotu Singh son of Dinanath Singh Resident of Mohalla - Anjabit Singh College Road, Ward No. 12, P.S. - Bikramganj, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Iftekhar Mahmood ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 10-05-2018 Petitioner is permitted to make correction in paragraph 11 of this application.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Bikramganj P.S. Case No. 39 of 2018 for offences punishable under Sections 25(1-b) a/26/35 of the Arms Act.
The prosecution case, as lodged by the police personnel, is that on information that some persons are dealing in wine, the police raided the place. Five persons managed to flee away and one was apprehended, but on chase all were apprehended and from the possession of co-accused Vivek Kumar one country-made pistol was recovered. However, nothing was recovered from the possession of the petitioner.
Patna High Court Cr.Misc. No.28101 of 2018(2) dt.10-05-2018 2/2
It has been submitted by the learned counsel for the petitioner that he is innocent and the excise case in which he has been made accused being Vikramganj P.S. Case No. 38 of 2018 relates to the same occurrence on the same day and apart from that he has no criminal history. He submits that nothing has been recovered from the possession of the petitioner, arms has been recovered from the possession of another co-accused and he is in judicial custody since 26.02.2018.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bikramganj, in connection with Bikramganj P.S. Case No. 39 of 2018.
(Nilu Agrawal, J)
Rajesh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in the excise and arms case where nothing was recovered from his possession.
Whether the petitioner's lack of criminal history and receipt of a belt watch ensure his appearance for trial.
1 provisions across 1 enactments
Chhotu Singh
The State of Bihar
NILU AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
