This bail petition in an Arms Act case was allowed. The court noted the petitioner's clean antecedent and lack of independent witnesses for the alleged recovery, accepting submissions for bail grant.
Prayer for bail allowed; petitioner released on bail bond of Rs. 10,000 with two sureties of 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.40711 of 2021
Arising Out of PS. Case No.-472 Year-2020 Thana- NAUTAN District- West Champaran
======================================================
Manjoor Mian, aged about 45 years, male, S/O Late Jaharuddin Miyan Resident of village + P.O. - Shivrajpur, P.S. - Nautan, District-West Champaran.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 31-01-2022
The matter has been listed today for consideration through Video Conferencing.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Nautan PS Case No. 472 of 2020, instituted for the offence under Sections 25(1-b)a/26/35 of the Arms Act.
One country made loaded pistol with live cartridge has allegedly been recovered from the petitioner’s possession.
Patna High Court CR. MISC. No.40711 of 2021(2) dt.31-01-2022 2/3
It is alleged that he was intimidating the villagers.
Learned counsel for the petitioner submits that it is a clear
case of false implication as the petitioner is having a clean antecedent and it does not stand to reason that one person with a country made pistol would intimidate the entire village. The seizure is not in accordance with law as it is not supported by any independent witness. The submission is that his implication is on extraneous consideration
The learned APP representing the State has opposed the prayer for bail.
Considering the rival submissions, the allegations made in the First Information report, this Court would observe that the petitioner is having clean antecedent. Chargesheet has been submitted and the alleged recovery, as per the petitioner’s submission, is not supported by any independent witness. Case for grant of bail is made out.
In the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner’s counsel. Prayer for bail of the petitioner is allowed. 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
Patna High Court CR. MISC. No.40711 of 2021(2) dt.31-01-2022 3/3
satisfaction of the learned Chief Judicial Magistrate Bettiah, West Champaran , in connection with Nautan PS Cae No. 472 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 giving 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)
shyambihari/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail in a case involving recovery of a country-made loaded pistol and live cartridge.
Whether the allegations of intimidation and false implication warrant the grant of bail.
Whether the conditions imposed for bail are acceptable.
1 provisions across 1 enactments
Manjoor Mian
The State Of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
