Single judge allowed bail to a petitioner already in custody since November 2019 for offences under Sections 25(1-b)a/26 of the Arms Act, directing furnishing of bond and sureties with specific conditions.
Release of petitioner on bail bond of Rs. 20,000/- with two sureties of like amount each subject to specific conditions.
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.10670 of 2020
Arising Out of PS. Case No.-349 Year-2019 Thana- JAGDISHPUR District- Bhojpur
======================================================
SANTOSH YADAV Son of Sudama Yadav Resident of Village - Hardiya, P.S.- Jagdishpur, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr.Ajay Kumar Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 02-06-2020
This matter has been taken up through Video
Conferencing.
Heard the parties.
The petitioner is languishing in custody for the offences punishable under Sections 25(1-b)a/26 of the Arms Act.
A country-made loaded pistol was recovered from the possession of the petitioner while he was sitting near a culvert and the police searched the petitioner on suspicion. The petitioner is in custody since 21.11.2019. Investigation of the case is already complete.
Considering the nature of allegation and period already undergone, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty
Patna High Court CR. MISC. No.10670 of 2020(3) dt.02-06-2020 2/2
thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Jagdishpur P.S. Case No.349 of 2019 with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner, already in custody for completing investigation on arms charge, is entitled to bail.
1 provisions across 1 enactments
Santosh Yadav
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
