An oral order allowing the petitioner's bail in a case concerning recovery of a pistol and live cartridge. The court granted bail upon furnishing bonds and ensuring close relative involvement as a bailor.
Petitioner released on bail by furnishing bonds of Rs.10,000/- with two sureties of like amount each on specified conditions.
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.9121 of 2021
Arising Out of PS. Case No.-113 Year-2020 Thana- KUSHESHWARASTHAN DistrictDarbhanga
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Sanjay Kumar Yadav @ Sanjay Yadav Son of Ram Binod Yadav @ Ram Vinod Ray, Resident of Village- Sanichara, P.S.- Kusheshwar Asthan, DistrictDarbhanga. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Yadav, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 02-07-2021
In view of sudden resurgence of COVID–19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.
Heard learned counsel for the petitioner and the learned APP for the State.
This Court would expect that the petitioner’s Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in Kusheshwar Asthan P.S. Case No.113 of 2020 registered for offence punishable under sections 25(1-b)a,26/35 of the Arms Act.
It is alleged recovery of a country made pistol and live cartridge from the petitioner.
Petitioner’s counsel submits that it is a case of false implication. Recovery is not in accordance with law. Petitioner is
Patna High Court CR. MISC. No.9121 of 2021(2) dt.02-07-2021 2/2
in custody since 04.05.2020. He is stated to be on bail in the two cases pending against him since before.
Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Biraul at Darbhanga in Kusheshwar Asthan P.S. Case No.113 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 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 fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
Mahesh/- U T
2 issues framed by the court
Whether the prayer for bail under Sections 25(1-b)(a) and 26/35 of the Arms Act should be allowed given the allegation of false implication?
What conditions should be imposed on the petitioner's release on bail?
Sanjay Kumar Yadav @ Sanjay Yadav
State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
