The Patna High Court granted regular bail to the petitioner, who was in custody since July 3, 2019, in a case under the Arms Act involving recovery of a country-made pistol and cartridges.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of 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.2287 of 2020
Arising Out of PS. Case No.-372 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
KAVINDRA KOHAR @ KAVINDRA KUMHAR Son of Late Parikhan Kohar R/o Village- Bhabua, Ward No. 1, P.S.- Bhabua, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Tribhuwan Narayan For the Opposite Party/s : Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 20-01-2020
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Bhabua P.S. Case No. 372 of 2019 (Gr. No. 1459 of 2019), registered for the offence punishable under Sections 25(1-B), A/26 of the Arms Act.
The allegation is regarding recovery of one country made pistol and two live cartridges from beneath the sand after the petitioner had disclosed about the same to the police.
The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is submitted that since the petitioner is having a bad antecedent, he has been falsely implicated in the present case.
Patna High Court CR. MISC. No.2287 of 2020(2) dt.20-01-2020 2/2
The petitioner is stated to be in custody since 3.7.2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, as also taking into account the period of incarceration, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kaimur at Bhabua in connection with Bhabua P.S. Case No. 372 of 2019 (Gr. No. 1459 of 2019).
(Mohit Kumar Shah, J)
ajay gupta/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in the present inquiry under the Arms Act.
Kavindra Kohar @ Kavindra Kumhar
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
