Appeal regarding bail application in Arms Act case. Court granted bail after noting recovery of country-made rifle and lack of witness tampering allegations, directing non-compliance of Section 100 Cr.P.C. as factor.
Released on bail with Rs.10,000 bond and two sureties of like amount each to CJM Bhojpur, noting non-compliance of Section 100 Cr.P.C.
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.52887 of 2019
Arising Out of PS. Case No.-79 Year-2019 Thana- AGION (GARHANI) District- Bhojpur
======================================================
RAHUL SINGH Son of Ram Prakash Singh Resident of Village - Sahangi, P.S.- Agion (G), Distt - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Uday Chand Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 23-08-2019
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 and 26 of the Arms Act.
Prosecution case, in short, is that one country made rifle is recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.6.2019. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one country made rifle is recovered. 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.
Patna High Court CR. MISC. No.52887 of 2019(2) dt.23-08-2019 2/2
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 learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Agion (G) P.S. Case No. 79 of 2019.
(Sudhir Singh, J)
Pankaj/-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a case under Sections 25(1-b)a and 26 of the Arms Act despite the charge-sheet submission and alleged recovery of a country-made rifle?
Whether the non-compliance with Section 100 Cr.P.C. impacts the bail application?
2 provisions across 2 enactments
Rahul Singh
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
