Single judge allowed a bail application. The court directed the petitioner's release on bail, requiring bonds and sureties, due to prolonged custody and lack of criminal record.
Petitioner to be released on bail on furnishing bonds 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.28147 of 2020
Arising Out of PS. Case No.-36 Year-2020 Thana- DARPA District- East Champaran
======================================================
BIRLAL SAH S/o Late Sonalal Sah Resident of Village- Bathnahiya, P.S.Darpa, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sunil Kumar No.III For the Opposite Party/s : Mr.Khurshid Anwar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 02-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.
Prosecution case, in short, is that two loaded country made pistols along with 15 live cartridges is recovered.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.28147 of 2020(2) dt.02-11-2020 2/2
the petitioner is in custody since 10.03.2020 and has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that two loaded country made pistols along with 15 live cartridges is recovered. There is no compliance of Section 100 Cr.P.C. The petitioner has already remained in custody for more than six months.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari in connection with Darpa P.S. Case No. 36/2020.
Pankaj/-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner deserves release on bail in a case for offences under the Arms Act given custody exceeding six months and no criminal antecedents.
2 provisions across 2 enactments
Birlal Sah
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
