The High Court granted bail to the petitioner, arrested for Arms Act offences, releasing him after finding no weapons recovered from his personal possession despite co-accused confession and indicating warrant issuance to bail bond.
Directed to be released on bail by furnishing a bond of Rs. 10,000/- with two sureties of the like 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.55494 of 2017
Arising Out of PS.Case No. -367 Year- 2017 Thana -ARA NAGAR District- BHOJPUR
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.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Yogendra Kr. Singh(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 09-01-2018 Heard the counsels for the parties.
The petitioner seeks bail in connection with Ara Town P.S. Case No. 367/2017 dated 06.07.2017 instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.
Co-accused persons, viz. Md. Aslam @ Raja and Md. Nurain Alam @ Sonu, were arrested in connection with a murder case and they confessed that the weapons of assault have been kept in a purse with the petitioner. On such information, the house of the petitioner was raided, but nothing was recovered from the personal possession of the petitioner. However, on the indication of the petitioner, the house of another co-accused, Mehru Nisha, was raided and a purse with three weapons of assault were recovered.
Patna High Court Cr.Misc. No.55494 of 2017 (3) dt.09-01-2018
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Learned counsel for the petitioner has submitted that for all practical purposes, nothing has been recovered from the possession of the petitioner and therefore, the statement of two accused persons of the case of murder, viz. Md. Aslam @ Raja and Md. Nurain Alam @ Sonu, cannot be believed.
The petitioner is in custody since 07.07.2017 and he does not bear any criminal antecedent.
The petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Town P.S. Case No. 367/2017.
(Ashutosh Kumar, J.)
Rakhi
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under the Arms Act where weapons were recovered from a co-accused's house based on petitioner's indication.
Whether the petitioner's lack of prior criminal record and the absence of direct recovery in his possession warrant bail.
1 provisions across 1 enactments
Guriya Khatun
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
