In Criminal Miscellaneous No.3186 of 2019, the Patna High Court granted bail to a petitioner holding under the Arms Act, conditional upon furnishing a bond with specific surety requirements.
Release on bail with a bond of Rs. 10,000 and two sureties of the like amount, subject to the condition that one bailor be a close relative with immovable property.
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.3186 of 2019
Arising Out of P.S. Case No.-57 Year-2018 Thana- CHANDAMUNDI District- Jamui
======================================================
Lalan Paswan, son of Late Bali Paswan, resident of Vill-Manikpur Gangti, P.S-Chandramandih,Distt.-Jamui.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Mr.Shantanu Kumar, APP- 136 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 24-01-2019
Heard the learned counsel for the petitioner and
learned counsel appearing on behalf of the State.
Petitioner is languishing in judicial custody since 07.08.2018 in connection with Chandramandhi P.S.Case No.57 of 2018 for the offence alleged under Sections 25(1-b)a/26 of the Arms Act.
The prosecution case as lodged by the police personnel is that during night patrolling they apprehended the petitioner along with one country made pistol with one live cartridge. Accordingly, a seizure list was prepared.
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 further submits that no overt-act has been committed by the petitioner, is languishing in judicial custody
Patna High Court Cr.Misc. No.3186 of 2019(2) dt.24-01-2019 2/2
since more than five months and chargesheet has already been submitted.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and one more case although under different sections is pending against him.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Chandramandhi P.S.Case No.57 of 2018 to the satisfaction Sri S.K.Singh, Judicial Magistrate-Ist Class, Jamui, subject to the following condition:-
(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.
(Nilu Agrawal, J)
B.Kr./-
U T
1 issue framed by the court
Whether the petitioner be released on bail in the present proceedings.
Lalan Paswan
The State Of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
