Petitioner sought bail in an Arms Act case where pistols were recovered. Despite non-compliance with Section 100 Cr.P.C., the court granted bail on bond with sureties.
Petitioner released on bail on furnishing a bond of Rs.10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21428 of 2019
Arising Out of PS. Case No.-105 Year-2018 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai
======================================================
Raja Ram @ Raja Ram Gautam Son of Late Ramadhar R/o village- Sarai Murar Singh, P.S- Mandhata, Distt.- Pratap Garh ( U.P)
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar For the Opposite Party/s : Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 20-06-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Section 25(1-B)a/26(2)/35 of the Arms Act.
Allegedly, two pistols and one magazine without cartridge were recovered from bag of the petitioner.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 31-10-2018. Charge sheet has already been submitted. Two pistols and one magazine without cartridge are alleged to have been recovered. There is no compliance of Section 100 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is
Patna High Court CR. MISC. No.21428 of 2019(5) dt.20-06-2019 2/2
named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let 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 Additional Chief Judicial Magistrate, Kiul in connection with Jamalpur G.R.P. P.S. (Rail) Case No. 105 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether bail is maintainable in a case u/s 25(1-B)a/26(2)/35 of the Arms Act.
2 provisions across 2 enactments
Raja Ram @ Raja Ram Gautam
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
