The High Court at Patna considered a bail application filed by Rakesh Yadav in an Arms Act case. Noting that the only material against him was a confessional statement of a co-accused and investigation was complete, the court granted bail.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount.
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.10740 of 2020
Arising Out of PS. Case No.-226 Year-2014 Thana- BHANGWANPUR HAT District- Siwan
======================================================
RAKESH YADAV S/o Vyas Yadav R/o village- Panditpur, P.S.- Janta Bazaar, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar, Advocate. For the Opposite Party/s : Mr.Murli Dhar, 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 offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
According to F.I.R., three others were apprehended at the spot and from their possession fire arm was recovered. They disclosed that the petitioner was also there who fled away. Petitioner is in custody since 18.11.2019. Investigation of the case is already complete.
Considering the fact that only material against the petitioner is confessional statement of co-accused before the police, let the petitioner, above named, be released on bail, on
Patna High Court CR. MISC. No.10740 of 2020(3) dt.02-06-2020 2/2
furnishing bail bond of Rs.20000/- (Twenty 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 Bhagwanpur P.S. Case No. 226 of 2014 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)
mantreshwar/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the Arms Act case.
Rakesh Yadav
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
