Granted bail to petitioner Kamlesh Yadav in Parsabigha P.S. prosecution for offences under Arms Act after six months of custody rest to be imposed by Judicial Magistrate.
Release of petitioner immediately upon completion of six months of custody subject to conditions imposed by Magistrate.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78556 of 2019
Arising Out of PS. Case No.-143 Year-2019 Thana- PARASBIGHA District- Jehanabad
======================================================
KAMLESH YADAV Son of Sarayu Yadav Resident of Village - Gonwantola Ramghat, P.S.- Parasbigha, Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 09-12-2019
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Parasbigha P.S. Case No. 143 of 2019, registered for the offence punishable under Sections 25(1-b)a, 27 and 35 of the Arms Act.
The allegation is regarding the petitioner having engaged in quarrel with the informant and his family members and thereafter, he is stated to have fired on the informant, but the gunshot did not hit the informant, however, the family members of the informant are said to have arrived at the place of occurrence and had caught the petitioner and handed him over to the police, who had seized one country made pistol along with cartridges from the petitioner.
Patna High Court CR. MISC. No.78556 of 2019(3) dt.09-12-2019 2/2
The learned counsel for the petitioner submits that the petitioner is innocent and as far as other two criminal cases are concerned, he is on bail. It is further submitted that the petitioner is languishing in custody since 14.7.2019.
Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct for release of the petitioner immediately upon completion of six months of custody, subject to such conditions as may be deemed fit and proper to be imposed by the learned Judicial Magistrate, 1st Class Jehanabad in connection with Parasbigha P.S. Case No. 143 of 2019.
The petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
ajay gupta/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail after completing six months of custody in Arms Act case.
What conditions should be imposed for the petitioner's release.
KAMLESH YADAV
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
