Petitioner sought bail in a case involving arms recovery. High Court granted bail on personal bond to local C.J.M. due to COVID-19, directing furnishing of monetary bonds within four weeks once normalcy restored.
Released on personal bond to satisfaction of C.J.M., Nalanda, with direction to deposit Rs.10,000 and two sureties within four weeks.
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.10424 of 2020
Arising Out of PS. Case No.-393 Year-2018 Thana- BIHARSHARIF District- Nalanda
======================================================
MD. SERAJ @ MD. SIRAJ son of Md. Islam, resident of village Chainpura, P.S. Bihar, District Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh For the Opposite Party/s : Mr.Shyameshwar Dayal ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 02-06-2020
Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 399, 402 of the I.P.C. and 25(1-b)A, 26, 35 of the Arms Act.
The prosecution case, in short, is that two country made pistols and six live cartridges are recovered.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.10.2019. Charge sheet
Patna High Court CR. MISC. No.10424 of 2020(5) dt.02-06-2020 2/2
has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. The name of the petitioner has transpired in the present case on disclosure made by co-accused. No arms is alleged to have been recovered from the possession of the petitioner. The petitioner has remained in custody for about six months.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of C.J.M., Nalanda (Bihar Sharif) in connection with Bihar P.S. case No.393 of 2018.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving possession of country-made pistols and live cartridges under Sections 399, 402 IPC and Arms Act sections.
Whether bail can be granted on personal bond with directive to furnish amount bond later due to COVID-19 lockdown.
2 provisions across 2 enactments
MD. SERAJ @ MD. SIRAJ
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
