The Patna High Court granted interim bail to a petitioner arrested in an arms and explosives case, directing him to furnish a bond with two sureties before the Assistant Chief Judicial Magistrate, Jamui.
Released on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the A.C.J.M., Jamui.
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.15236 of 2019
Arising Out of PS. Case No.-158 Year-2018 Thana- SONO District- Jamui
======================================================
SANJAY YADAV Son of Yamuna Yadav Resident of Village - Bhelwa Mohanpur, P.S.- Sono, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Satyendra Prasad Singh For the Opposite Party/s : Mr.Pawan Kumar Chaurasia ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 21-06-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act, 3 and 4 of Explosive Substance Act and 16, 17, 18, 19 and 20 of U.A.P. Act.
The prosecution case in short is that while the informant along with police party on secret informant reached the place of occurrence and arrested accused persons and in whose possession one loaded country made pistol was recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.6.2018. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.15236 of 2019(3) dt.21-06-2019 2/2
petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. One country made pistol, two electric detonator, two gelatine and 10 metres electric wire are alleged to have been recovered. The petitioner has remained in custody for about a year. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st , Jamui in connection with Sono P.S. Case No. 158 of 2018.
(Sudhir Singh, J)
Pankaj/-
1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving possession of loaded pistol, detonators, and explosives where it is alleged there was no attempt to tamper with witnesses.
1 provisions across 1 enactments
Sanjay Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
