A special bail petition under the Arms Act was allowed. The High Court granted bail, directing the petitioner to furnish a bond and cooperate with the trial, noting the lack of trial progress.
Release on bail by furnishing a bond of Rs. 20,000 with two sureties of similar amounts.
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.70120 of 2019
Arising Out of PS. Case No.-160 Year-2018 Thana- MUZAFFARPUR RAIL P.S. DistrictSaran
======================================================
MD. MAHFOOZ ALAM Son of Md. Mubarak Ansari Resident of Village - Bishunpur Jagdish Athar, P.S.- Bochaha, Dist.-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Alka Singh, Adv For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
2 13-01-2020
Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-AA), 26(2), 35 of the Arms Act.
Submission is that 830 live cartridges were allegedly recovered from the bag of the petitioner. Petitioner is in custody since 03.09.2018. In the past, prayer for bail was refused vide Annexure-1 on 06.03.2019, however, submission is that the trial has not progressed at all. Petitioner is ready to cooperate with the trial. There is no material to substantiate that the petitioner is going to tamer with the evidence.
Finding substance in the submission aforesaid, let the
Patna High Court CR. MISC. No.70120 of 2019(2) dt.13-01-2020 2/2
petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Muzaffarpur Rail Police Station Case No.160 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below as well as petitioner shall not leave the country without permission of the Court and further 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.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in an arms case where the trial has not progressed despite a previous denial.
Md. Mahfooz Alam
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
