Single judge of Patna High Court granted bail to two petitioners facing charges under the Arms Act and Bihar Prohibition and Excise Amendment Act, subject to standard conditions regarding antecedents and cooperation.
Release on bail upon furnishing a bond of Rs. 10,000 each with two sureties of equivalent amount.
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.31579 of 2022
Arising Out of PS. Case No.-176 Year-2022 Thana- DIGHA District- Patna
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... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 11-11-2022
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State in the virtual court proceeding.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 25(1-B)a, 26, 27 and 35 of the Arms Act and Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.
Recovery is of 91.950 liters of illicit wine.
Learned counsel for the petitioners submits that the petitioners have clean antecedent and they have falsely been implicated in the present case on the basis of the suspicion. He
Patna High Court CR. MISC. No.31579 of 2022(2) dt.11-11-2022 2/3
further submits that it appears from the F.I.R. the informant has mentioned that two persons flee away from the house and they both were apprehended then how come that four persons were named in the F.I.R. when two persons were already apprehended by the police itself. He further submits that it appears from the aforesaid that the name of these petitioners has falsely incorporated in the F.I.R. only to harass these petitioners. He further submits that the petitioners are not the owner of the house in question. He further submits that no incriminating article including arms have been recovered from their possession.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Digha P.S. Case No. 176 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.31579 of 2022(2) dt.11-11-2022 3/3
Procedure and with other following conditions:-
(Rajesh Kumar Verma, J)
vanisha/-
3 issues framed by the court
Whether bail should be granted to the petitioners who are apprehending arrest in a case involving arms and excise offences.
Whether the false implication of the petitioners in the F.I.R. warrants release on bail.
Whether retention of evidence and witnesses presents a threat to the trial justifying denial of bail.
3 provisions across 3 enactments
Champa Devi W/o Rajkishore Rai
Rakesh Kumar Son of Rajkishore Rai
The State of Bihar
RAJESH KUMAR VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
