The Patna High Court granted anticipatory bail to the petitioner, who was in custody for nearly four months under the Arms Act. The court noted the absence of criminal antecedents and ordered release upon furnishing a bond with sureties.
Relief of bail granted on personal bond of Rs. 10,000 with two sureties of similar amount.
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.54444 of 2018
Arising Out of PS.Case No. -271 Year- 2017 Thana -ATRI District- GAYA
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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ramashish, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 20-09-2018 Heard learned counsel for the petitioner and the State.
The petitioner is in custody in connection with Atri P.S. Case No. 271/2017, for the offence registered under Section 25(1-b) A, 26/35 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 18.05.2018. The petitioner has no criminal antecedent. He further submits that the alleged arms were recovered from the locked house when nobody was present. During search, one country made rifle and two live cartridges were found. He submits that the petitioner has remained in custody for nearly four months.
Considering the aforesaid, let the petitioner named above is directed to be released on furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.54444 of 2018 (2) dt.20-09-2018
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10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Gaya, in connection with Atri P.S. Case No.271/2017.
(Anil Kumar Upadhyay, J)
Amit/-R.S.Sen
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering his custody duration and lack of criminal antecedents.
1 provisions across 1 enactments
Munni Manjhi
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
