This order grants regular bail to the petitioner arrested under the Arms Act. The court considered submissions regarding false implication and allowed release on bail subject to specific conditions.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83875 of 2019
Arising Out of PS. Case No.-113 Year-2019 Thana- KOILWAR District- Bhojpur
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SANJAY YADAV Son of Vijay Yadav Resident of Village-Itaha, P.S.Khanpur, Distt - Gazipur.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar For the Opposite Party/s : Mr.Damodar Prasad Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 07-01-2020
Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Koilwar P.S. Case No. 113 of 2019 for the offence registered under Sections 25(1-b), 26 and 35 of the Arms Act.
The allegation is regarding the Police having apprehended some miscreants who were trying to flee away after committing crime and during the course thereof the petitioner was also arrested and upon search two live cartridges were recovered from the possession of the petitioner.
The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that no illicit arms has been recovered from the petitioner and the allegation is regarding recovery of only two live cartridges. It is further submitted that the petitioner has not been alleged to have been successful in
Patna High Court CR. MISC. No.83875 of 2019(3) dt.07-01-2020 2/2
commission of any crime. Lastly, it is submitted that the petitioner is languishing in custody since 03.04.2019. It is also submitted that the petitioner is willing to abide by such conditions, as may be imposed by this Court for the purposes of grant of bail.
Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the petitioner, I deem it fit and proper to direct the petitioner herein to be released on bail.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 113 of 2019.
It is further directed that the petitioner would mark his presence before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.
(Mohit Kumar Shah, J)
S.Sb/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with an offence under the Arms Act involving possession of live cartridges.
1 provisions across 1 enactments
SANJAY YADAV
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
