The Patna High Court refused bail to the petitioner in a case involving recovery of firearms, ruling that the nature of the weapons recovered constituted mass destructive weapons, rendering the petitioner undeserving of bail under the Arms Act.
Prayer for regular bail refused.
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.37442 of 2020
Arising Out of PS. Case No.-58 Year-2020 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Ajeet Kumar Singh @ Ajit Kumar Singh aged about 35 years Son Of Late Mahaveer Singh Resident Of Village Maniara Tiyar P.S.- Tiyar, DistrictBhojpur
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Rina Sinha, Advocate For the Opposite Party : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 17-03-2021 Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Buxar Mufassil Police Station Case No. 58 of 2020 registered for the offences punishable under sections 25, 26 and 35 of the Arms Act.
As per the prosecution case, one double barrel regular gun of 12 bore, one 9 mm carbine and 39 live cartridges of 12 bore were recovered from a bag carried by the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and the bag in question does not belong to the petitioner. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition.
Patna High Court CR. MISC. No.37442 of 2020(3) dt.17-03-2021 2/2
Petitioner is in custody since 17.2.2020. Charge sheet has already been submitted.
Learned counsel for the State opposes the prayer for bail and submits that mass destruction weapon has been recovered from the possession of the petitioner as such he does not deserve bail.
In view of the nature of weapons recovered from the possession of the petitioner, his prayer for bail is refused.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether to grant regular bail to the petitioner in a case involving recovery of unauthorized firearms.
1 provisions across 1 enactments
Ajeet Kumar Singh @ Ajit Kumar Singh
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
