The High Court at Patna granted regular bail to the petitioner in an arms case after six months of custody, subject to conditions imposed by the Chief Judicial Magistrate.
Release of the petitioner on regular bail with effect from 23.08.2018, subject to conditions imposed by the C.J.M.
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.79367 of 2018
Arising Out of PS. Case No.-259 Year-2018 Thana- BAHADURGANJ District- Kishanganj
======================================================
Md. Sajid Ansari Son of Sagir Ansari Resident of Rahmat Nagar, Ward No. 8, P.S.- Bahadurganj District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ======================================================
... ... Opposite Party/s
Appearance : For the Petitioner/s : Mr.Baleshwar Kamat For the Opposite Party/s : Mr. Narsingh Tanti ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 18-01-2019
Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bahadurganj P.S. Case No. 259 of 2018 registered for the offence punishable under Sections 25(1-b-a), 26 and 35 of the Arms Act.
The allegation is regarding the petitioner having been apprehended by the Police and upon search one country made sixer loaded with one live cartridges was recovered.
The learned counsel for the petitioner submits that though the petitioner was previously having a clean antecedent but after having been caught in the present case, he has been charge sheeted / remanded in the other two cases which are said to be pending against the petitioner herein. The petitioner is stated to
Patna High Court Cr.Misc. No.79367 of 2018(2) dt.18-01-2019 2/2
be in custody since 23.08.2018.
Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner, above named, on regular bail immediately upon completion of six months in custody i.e. with effect from 23.08.2018 subject to such conditions as may be imposed by the learned C.J.M., Kishanganj in connection with Bahadurganj P.S. Case No. 259 of 2018.
The present petition stands disposed of on the aforesaid terms.
(Mohit Kumar Shah, J)
S.Sb/-
U T
2 issues framed by the court
Whether the petitioner should be released on regular bail after serving six months in custody in connection with an arms case.
Whether the petitioner's clean antecedents and circumstances warrant granting regular bail subject to conditions.
1 provisions across 1 enactments
Md. Sajid Ansari
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
