The Patna High Court allowed bail in an Arms Act case. The petitioner challenged his custody, arguing the recovery violated section 100 Cr.P.C. The court directed release on bond with conditions.
Petitioner released on bail on furnishing bond of Rs 10,000 with two sureties of like amount.
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.71780 of 2019
Arising Out of PS. Case No.-364 Year-2018 Thana- SABAUR District- Bhagalpur
======================================================
MANOJ CHOUDHARY Son of Brahamdev Choudhary Resident of Village - Amdar, P.S.- Sabour, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Brij Nandad Prasad For the Opposite Party/s : Mr.Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 25-11-2019 Heard learned counsel for the petitioner as well as
learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections
25(I-b)a, 26 and 35 of the Arms Act.
It is submitted that upon alleged recovery of one country made pistol, petitioner is in custody since 29.12.2018.
Counsel for the petitioner submits that recovery is not as per prescribed procedure under section 100 Cr.P.C and he is in bail in Sabour P.S. Case no. 363/2018 since before.
Learned A.P.P. opposes the prayer for bail.
Considering the aforesaid submissions, prayer for bail
is allowed.
Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount
Patna High Court CR. MISC. No.71780 of 2019(3) dt.25-11-2019 2/2
each to the satisfaction of the Addl. Chief Judicial Magistrate, IX, Bhagalpur in Sabour P.S. Case no. 364/2018 subject to the following conditions.
(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J)
s.hassan/-
U T
1 issue framed by the court
Whether bail should be granted where the recovery was not in accordance with section 100 Cr.P.C?
2 provisions across 2 enactments
MANOJ CHOUDHARY
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
