The High Court granted bail to the petitioner, accused under the Arms Act, upon furnishing a bond of Rs. 10,000 with two sureties. The court addressed procedural defects in the seizure list and mandated verification of antecedents.
Petitioner released on bail bond of Rs. 10,000 with two sureties; defects in seizure list to be removed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14134 of 2022
Arising Out of PS. Case No.-682 Year-2021 Thana- MADHEPURA District- Madhepura
======================================================
AMIT KUMAR Son of Kritnarayan Yadav Resident of Village- Gadhiya Ward No.10, P.S. and District- Madhepura.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr.Ramchandra Sahni,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 11-07-2022
Let the defects, as pointed out by the office, be
removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a 26, 35 of the Arms Act.
One country-made loaded pistol and one live cartridge were recovered from possession of the petitioner.
Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the seizure list has not made according to Section 100 of the Cr.P.C.
Patna High Court CR. MISC. No.14134 of 2022(2) dt.11-07-2022 2/3
and it appears from the FIR as well as seizure list that one country-made pistol and one live cartridge have been recovered from conscious possession of the petitioner and the police, after investigation, submitted charge-sheet against the petitioner and the petitioner is in custody since 29.08.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Madhepura P.S. Case No.682 of 2021, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall
Patna High Court CR. MISC. No.14134 of 2022(2) dt.11-07-2022 3/3
verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case under the Arms Act after furnishing the required security.
Whether the defects pointed out by the office regarding the seizure list affect the consideration for bail.
2 provisions across 2 enactments
AMIT KUMAR
THE STATE OF BIHAR
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
