The Patna High Court granted regular bail to the petitioner in a case under the Arms Act, observing his custody for over 10 months and the submission of chargesheet.
Petitioner to be enlarged on bail on furnishing bail bond of Rs.10,000 with two sureties of like amount each.
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.28983 of 2021
Arising Out of PS. Case No.-36 Year-2019 Thana- MINAPUR District- Muzaffarpur
======================================================
RAM BABU SAHNI Son of Late Devki Sahni Resident of Village - Dharpur, P.S.- Meenapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Punam Shrivastava, Adv. For the Opposite Party/s : Mr. Raj Kishore Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 17-12-2021
Heard learned counsel for the parties through video
conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.
As per the prosecution case, on reaching near the house of the petitioner it is stated that while one person managed to escape, seven named accused persons were caught and various arms, ammunitions etc. were recovered from their possession. They disclosed the name of the person who had managed to escape as the petitioner herein.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the case. Neither was he arrested at the spot nor any
Patna High Court CR. MISC. No.28983 of 2021(2) dt.17-12-2021 2/2
incriminating article has been recovered from his possession. The cause of his false implication is his antecedents. The petitioner is in custody since 2.2.2021 and chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner being in custody for over 10 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Meenapur (Muzaffarpur) P.S. Case no. 36 of 2019 (G.R. No.457 of 2019, Tr. No.1495 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur.
Bibhash/-
U
(Partha Sarthy, J)
1 issue framed by the court
Whether the petitioner should be enlarged on regular bail given his custody for over 10 months and submission of chargesheet.
1 provisions across 1 enactments
RAM BABU SAHNI
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
