The Patna High Court allowed the bail petition of the petitioner, an accused in an Arms Act case, after completing the investigation and considering the period of detention, ordering his release on bail with a bond and two sureties.
Petitioner to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1793 of 2022
Arising Out of PS. Case No.-75 Year-2020 Thana- JALALPUR District- Saran
======================================================
SHAMBHU RAI Son of Chandrama Rai @ Chandrma Ray Resident of Village - Hansrajpur, Police Station - Baniyapur, District - Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Singh For the Opposite Party/s : Mr.Vinod Shanker Modi ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Heard learned counsel for the parties.
The petitioner seeks bail in a case registered for the offence under Section 25(1-b)a, 26, 35 of the Arms Act.
As per the prosecution case, co-accused Anurag @ Chiku was apprehended with one katta , one live cartridge and a motorcycle and he disclosed the name of petitioner and one Abhishek Singh, as their associates.
It is submitted on behalf of petitioner that as per F.I.R. itself, neither any incriminating article has been recovered from possession of petitioner nor he was arrested on the spot. Petitioner has been made accused in this case only on the basis of confessional statement of co-accused Anurag @ Chiku and he is in custody since 26.03.2021. Investigation is complete.
Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.1793 of 2022(2) dt.22-03-2022 2/2
Considering the period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 Smt. Anupama, learned Judicial Magistrate, Chapra, District – Saran / concerned court in connection with Jalalpur P.S. Case No. 75 of 2020, Trial No. 2306 of 2021.
(Prabhat Kumar Singh, J)
anay/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is accused in an Arms Act case and has been in custody since 26.03.2021.
SHAMBHU RAI
The State of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
