The High Court granted bail to the petitioner, who was in custody for offences under the Arms Act and NDPS Act, citing his clean antecedents as the primary reason for discharge.
Release of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.79710 of 2018
Arising Out of PS. Case No.-460 Year-2018 Thana- GANDHIMAIDAN District- Patna
======================================================
Ajay Kumar, Son of Ranjeet Paswan, Resident of Village- Chak Bandi, Nenupur, P.S.- Sadar, District- Vaishali at Hajipur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 21-02-2019
Heard learned counsel for the petitioner and the
learned counsel appearing on behalf of the State.
The petitioner is in custody since 27.09.2018 in connection with Special Case No.110 of 2018 arising out of Gandhi Maidan P.S. Case No.460 of 2018 registered for the offence under Sections 25(1-B)A/26/34 of the Arms Act and Section 27 of the NDPS Act.
Learned counsel for the petitioner submits that the alleged recoveries of one “ Chilam ” and three “ Puria ” have been made from the possession of the petitioner and it has also been alleged that one country-made pistol was located west towards from where the petitioner was found lying asleep. It is thus submitted that the recoveries were not from his
Patna High Court Cr.Misc. No.79710 of 2018(3) dt.21-02-2019 2/2
conscious possession and because the petitioner is having a clean antecedent and has already been in jail for about five months, the petitioner may be extended the privilege of bail.
Having considered the facts and circumstances of
the case and that the petitioner is having clean antecedent, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge cum Special Judge, Patna, in connection with Special Case No.110 of 2018 arising out of Gandhi Maidan P.S. Case No.460 of 2018.
(Anjana Mishra, J)
PNM
2 issues framed by the court
Whether the petitioner should be released on bail given his clean antecedents and the nature of his custody.
Whether the alleged recovery of arms and narcotics from the petitioner's vicinity affects his entitlement to bail.
2 provisions across 2 enactments
Ajay Kumar
The State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
