In Cr. Misc. No. 82898 of 2019, the Patna High Court granted bail to petitioner Bheem Kumar, accused under the Arms Act, noting his lack of criminal antecedents and the grant of bail to a co-accused by a coordinate bench.
Petitioner enlarged on bail on furnishing bond of Rs. 25,000 with two sureties to the Additional Chief Judicial Magistrate-XI, Bhojpur.
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.82898 of 2019
Arising Out of PS. Case No.-309 Year-2019 Thana- JAGDISHPUR District- Bhojpur
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Bheem Kumar S/o Buchul Ray @ Babu Lal Ray @ Babulal R/o villageKadaiya Tola, Jamalpur, P.S.- Koilwar, District- Bhojpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Bhaskar Shankar, Advocate For the Opposite Party : Mr.Anil Kumar Singh No. 1, APP
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 13-12-2019
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner is in custody since 06.10.2019 in connection with Jagdishpur P.S. Case No. 309 of 2019 for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.
The allegation against the petitioner is that on search,
from possession of the petitioner, two live cartridges were recovered.
Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and after investigation of the case, the police has submitted charge sheet against the accused persons including the petitioner. It is further submitted that co-accused Shatrughan Kumar from whose possession one Katta was recovered has been granted bail by a coordinate
Patna High Court CR. MISC. No.82898 of 2019(2) dt.13-12-2019 2/2
Bench of this Court vide order dated 11.12.2019 passed in Cr. Misc. No. 82683 of 2019.
Considering the fact that the petitioner has no criminal antecedent and co-accused Shatrughan Kumar has been granted bail by a coordinate Bench of this Court vide order dated 11.12.2019 passed in Cr. Misc. No. 82683 of 2019, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25, 000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Bhojpur at Ara in connection with Jagdishpur P.S. case No. 309 of 2019.
(Anil Kumar Upadhyay, J)
BT/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner who has no criminal antecedent and is held in custody for offences under the Arms Act.
1 provisions across 1 enactments
Bheem Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
