The High Court at Patna granted bail to the petitioner in an Arms Act conspiracy case involving recovery of a rifle and cartridges, permitting release after six months of custody subject to a bond and undertaking conditions.
Release on bail after completing six months custody upon furnishing bond of Rs. 10,000 with two sureties.
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.74208 of 2018
Arising Out of PS. Case No.-271 Year-2017 Thana- ATRI District- Gaya
======================================================
Kameshwar Manjhi S/o Bal Kishun Manjhi, resident of Village- Bholi Bigha Tola- Manarpur (Chatarpar), P.S.- Atri, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 13-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Atri P.S. Case No. 271 of
2017 registered for the offence punishable 25(1-b)a, 26 and 35 of the Arms Act.
Allegation against the petitioner is of recovery of one country made Rifle and two live cartridges.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 06.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail after completing six months of custody in jail, upon
Patna High Court Cr.Misc. No.74208 of 2018(2) dt.13-12-2018
2/2
furnishing bail bond of Rs. 10,000/- with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Gaya, in connection with Atri P.S. Case No. 271 of 2017 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
ranjan/-
U
1 issue framed by the court
Whether the petitioner is entitled to bail upon completion of six months custody in the Arms Act case.
1 provisions across 1 enactments
Kameshwar Manjhi
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
