This is an oral order granting bail to a criminal petitioner in a weapons case, issued by the Patna High Court after considering clean antecedents and recovery of weapons from co-accused.
Petitioner released on bail by furnishing bond of Rs. 10,000/- with two sureties of like amount to the Chief Judicial Magistrate, Banka.
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.41360 of 2022
Arising Out of PS. Case No.-114 Year-2022 Thana- BARAHAT District- Banka
======================================================
Ganori Roy Son of Late Hari Rai Resident of Village - Hijrar (Fulhara), P.s.Barahat, Distt.- Banka.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party/s : Mr. Ajay Kumar Jha, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 15-11-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in connection with Barahat P.S Case No. 114 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
As per the prosecution, the police party acting upon a secret information apprehended this petitioner along with Sanjay Yadav at the alleged place, upon making search one country-made Pistol and four live Cartridges were recovered from the possession of co-accused Sanjay Yadav and for the alleged recovery the apprehended persons could not produce any valid documents.
The main submissions advanced by learned counsel Mr.
Patna High Court CR. MISC. No.41360 of 2022(2) dt.15-11-2022 2/2
Brij Nandad Prasad appearing for the petitioner are that the petitioner has clean antecedent and has been languishing in jail since 14.05.2022 and the alleged fire arms were recovered from the conscious possession of co-accused Sanjay Yadav and not from the possession of the petitioner who was alleged to have been accompanying the said co-accused Sanjay Yadav when he was apprehended.
Learned APP MR. Ajay Kumar Jha appearing for the State has opposed the prayer for bail.
In view of the above submissions and considering the petitioner's clean antecedent and also the fact that as per the seizure list the alleged fire arms were recovered from the possession of the co-accused Sanjay Yadav and not from the conscious possession of the petitioner, in the opinion of this court the petitioner deserves to a lenient approach of this Court, let the 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 the Chief Judicial Magistrate, Banka in connection with Barahat P.S Case No. 114 of 2022.
(Shailendra Singh, J.)
annu/- U T
Ganori Roy
The State of Bihar
SHAILENDRA SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
