Criminal Miscellaneous petition where the petitioner, accused under the Arms Act, moved for bail, claiming false implication. The bench granted bail upon furnishing a bond and two sureties.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the 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.24215 of 2020
Arising Out of PS. Case No.-522 Year-2019 Thana- SITAMARHI District- Sitamarhi
======================================================
MD. HASIM LAHERI S/o Late Habib Laheri Resident of Village- Hussaina Ward No.12, P.S.- Sitamarhi, District- Sitamarhi.
... ... Petitioner/s
Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Virendra Kumar For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 22-09-2020
Heard learned counsel for the petitioner as well as learned APP for the State also through video conferencing.
Petitioner is an accused in a case registered for offence punishable under Section 25(1-B), a 26(2)/35 of the Arms Act.
Prosecution case is that, one country made pistol with magazine and three live cartridges and one mobile phone was recovered from the possession of petitioner.
It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case on suspicion. No incriminating article has been recovered from the conscious possession of the petitioner and in fact he was arrested by the police from his house due to previous criminal antecedent. Petitioner is in custody since 14.09.2019. Charge sheet has
Patna High Court CR. MISC. No.24215 of 2020(2) dt.22-09-2020 2/2
already been submitted.
Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M, Sitamarhi in Sitamarhi Police Station Case No. 522 of 2019, on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence of witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J)
SONALI/-
U
1 issue framed by the court
Whether the petitioner accused under the Arms Act should be released on bail.
1 provisions across 1 enactments
MD. HASIM LAHERI
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
