The High Court of Patna granted bail to the petitioner in a case concerning theft and illegal firearm possession. The petitioner was to furnish a bond with sureties before the Chief Judicial Magistrate.
Release on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount to the satisfaction of the C.J.M., Araria.
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.51512 of 2019
Arising Out of PS. Case No.-49 Year-2017 Thana- NARPATGANJ District- Araria
======================================================
MD. KHURSHID (M), aged about 29 years, Sono f Late Md. Kuddus, resident of village- Khaira Garhia, P.S. Narpatganj, District-Araria.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Debesh Kumar Poddar, Advocate. For the Opposite Party : Mrs.Dr. Indiwar Kumari, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 19-08-2019
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 24.04.2019 in a case for the offence registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.
The prosecution story, in brief, is that on 06.01.2017, the informant got information regarding arrest of a person, namely, Amlesh Yadav, with respect of committing theft of a Motorcycle on 02.02.2017 and in his confessional statement, he stated about the complicity of the petitioner in the alleged occurrence of committing the theft of Motorcyle, one Lava Mobile and cash of Rs. 13,400/- and further stated that the petitioner is involving in purchase and sell of illegal fire arms and on that basis the police reached at the house of the petitioner
Patna High Court CR. MISC. No.51512 of 2019(2) dt.19-08-2019 2/2
and on being search the police recovered seven country made illegal fire arms kept conceal under the pillow and accordingly, the seizure list was prepared, but the petitioner anyhow managed his escape from the house.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Seven country made pistols are said to have been recovered from the joint house of the petitioner. There is no compliance of Section 100 of Cr. P.C.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the 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 the learned C.J.M. Araria, in connection with Narpatganj P.S. Case No. 49 of 2017.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving the Arms Act offences.
Md. Khurshid
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
