The High Court at Patna granted bail in a criminal miscellaneous petition challenging custody in a gun recovery case. The Court accepted the petitioner's counsel's submission disputing the legality of the recovery.
Petitioner released on bail by furnishing a bond of Rs.10,000 with two sureties.
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.38386 of 2021
Arising Out of PS. Case No.-676 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Abinash Kumar @ Hudda, Son of Late Chandrachur Paswan, Resident of Mohalla - Pokharia, Balidani Durgaasthan, P.s.- Town (Begusarai), Distt.Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Onkar Nath, Advocate For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 14-12-2021
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Town (Begusarai) P.S. Case No.676 of 2020 (G.R. No.4085 of 2020) registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.
Since 06.12.2020, the petitioner is stated to be in custody for alleged recovery of a loaded country made pistol and one live cartridge.
Petitioner’s counsel submits that the recovery is not in accordance with law. He denies and disputes the recovery altogether. The petitioner is stated to be on bail in Town P.S. Case No.617 of 2020.
Patna High Court CR. MISC. No.38386 of 2021(2) dt.14-12-2021 2/3
Learned APP for the State has opposed the prayer for
bail.
Considering the rival submission as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed.
Accordingly, let the petitioner, above named, 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, Begusarai, in connection with Town (Begusarai) P.S. Case No.676 of 2020 (G.R. No.4085 of 2020), subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he
Patna High Court CR. MISC. No.38386 of 2021(2) dt.14-12-2021 3/3
fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
PNM
U T
1 issue framed by the court
Whether the prayer for bail granted by this Court should be allowed considering the dispute about recovery of a loaded pistol and a live cartridge.
Abinash Kumar @ Hudda
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
