In an application for regular bail under the Arms Act, the Patna High Court permitted the petitioner to be released on bail upon furnishing a bond of Rs. 20,000 with two sureties.
The petitioner was enlarged on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each.
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.30962 of 2022
Arising Out of PS. Case No.-94 Year-2020 Thana- AGIAON BAZAR District- Bhojpur
======================================================
BARAK PASWAN SON OF LATE DOMA PAWAN R/o village- VairaJamuni, P.S.- Agion Bazar, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Manoj Kumar For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 16-11-2022
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.
As per the prosecution case, on search one loaded country-made pistol was recovered from the possession of the petitioner and one country-made pistol and two live cartridges were recovered from the possession of the co-accused.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.30962 of 2022(2) dt.16-11-2022 2/2
the petitioner is innocent and has falsely been implicated in this case. The other co-accused person Shivjee Yadav has already been granted bail by the Co-ordinate Bench vide order dated 30.03.2022 passed in Criminal Miscellaneous No. 57023 of 2021. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.09.2020.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Agiaon Bazar P.S. Case No. 94 of 2020.
The application stands allowed.
(Chandra Prakash Singh, J)
ayush/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving possession of prohibited weapons under the Arms Act.
1 provisions across 1 enactments
Barak Paswan Son of Late Doma Pawan
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
