The Single Judge allowed bail to the petitioner accused under the Arms Act. Despite the State's objection citing the 2020 general elections, the court ordered release from 02.12.2020 on appropriate terms.
Direction to the trial court to release the petitioner on bail after 02.12.2020 on appropriate terms and 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.23422 of 2020
Arising Out of PS. Case No.-98 Year-2020 Thana- BRAHMPUR District- Buxar
======================================================
Riju Rathor Son of Kanhaiya Lal @ Kanhaiya Nat Resident of Village - Barhampur, P.S.- Brahmpur, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar Gupta For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 16-09-2020
Heard learned counsel for the petitioner and the
counsel appearing on behalf of the State.
Petitioner is in custody in connection with Brahmpur P.S. Case No. 98 of 2020 for the offence under sections 25(1b)a, 26,35 of the Arms Act.
Learned counsel for the petitioner admits that there is one case pending against this petitioner involving Arms Act.
Learned counsel for the State vehemently opposed the prayer for bail on the ground that his release may not be congenial in 2020 assembly election in the State of Bihar.
Considering the fact that the petitioner is in custody since 22.2.2020, the present application is disposed of with a direction to the court below to release the petitioner named
Patna High Court CR. MISC. No.23422 of 2020(2) dt.16-09-2020 2/2
above on bail after 02.12.2020 on appropriate terms and condition the court bellow may deem fit and proper.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner, booked under the Arms Act and in custody since 22.2.2020, should be released on bail.
1 provisions across 1 enactments
Riju Rathor
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
