On bail application, the High Court granted bail to the petitioner in PS Case 120 of 2018 alleging offences under the Arms Act, directing arrest or surrender within eight weeks and furnishing a bond with two sureties.
Released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount to be arrested or surrender within eight weeks.
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.56444 of 2018
Arising Out of PS.Case No. -120 Year- 2018 Thana -BELSAND District- SITAMARHI
======================================================
Md. Tammane @ Tamanne Son of Md. Amsul @ Amsul Resident of Village-Pandarahi, P.S.-Belsand, District-Sitamarhi.
.... .... Petitioner/s Versus
The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 10-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in connection with Belsand P.S. Case No. 120 of 2018 for offences alleged under Sections 25 (1-B) a/26/35 of the Arms Act.
The prosecution case, as lodged by the police personnel, is that during course of vehicle checking two motorcycles were intercepted. On one motorcycle, the petitioner along with another co-accused were seated and in another motorcycle another co-accused was seated and were stopped by the police. One country made pistol along with one live cartridge was recovered from the possession of Md. Banne and one country made pistol was found in the possession of the petitioner and
Patna High Court Cr.Misc. No.56444 of 2018 (2) dt.10-10-2018
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another co-accused Jamsaid Mansoori but all of them managed to flee away. Accordingly, a seizure list was prepared of the pistol and cartridge recovered from co-accused Md. Banne.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that it is only a statement by the informant of having seen the country made pistol in the possession of the petitioner but no recovery has been made.
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, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released 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 S.D.J.M., Sitamarhi in connection with Belsand P.S. Case No. 120 of 2018, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
(Nilu Agrawal, J)
Devendra/Priyanka
U T
1 issue framed by the court
Whether to grant bail to the petitioner apprehending arrest in connection with offences under Sections 25 (1-B) a/26/35 of the Arms Act.
1 provisions across 1 enactments
Md. Tammane @ Tamanne
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
