The High Court at Patna allowed the bail application filed by Brajesh Kumar in a crime under the Arms Act, permitting his release on bond with conditions including appearance before trial court and police station.
Petitioner released on bail on bond of Rs. 10,000 with two sureties under conditions of appearance before trial court and police station.
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.50329 of 2022
Arising Out of PS. Case No.-34 Year-2022 Thana- NASRIGANJ District- Rohtas
======================================================
BRAJESH KUMAR S/o Late Satendra Paswan @ Satyendra Ram R/o village and P.O.- Lala Atmi, P.S.- Nasriganj, District- Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr.Sunil Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-12-2022
Heard learned counsel for the petitioner and learned
APP for the State in Virtual Court Proceeding.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The case is registered under sections 25(1b)/a/26/35 of the Arms Act, in connection with Nasriganj P.S. Case No. 34 of 2022.
As per the FIR, the A.S.I. of the concerned police station alleged that in connection with Nasriganj P.S. Case No. 33 of 2022, the house of the petitioner was raided, when the petitioner tried to flee away but nabbed and on search, a country made pistol with one live cartridge was recovered. Accordingly, he was taken into custody and the present FIR came to be lodged.
Patna High Court CR. MISC. No.50329 of 2022(2) dt.09-12-2022 2/3
Learned counsel for the petitioner submits that for the said alleged recovery which has been forced upon by the police, he has already suffered by being in custody since 10.3.2022 (as stated in para-12 of the bail application).
Taking into account the aforesaid facts as also the fact charge-sheet stands submitted and he is custody since 10.3.2022, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bikramganj, Rohtas, in connection with Nasriganj P.S. Case No. 34 of 2022 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
Patna High Court CR. MISC. No.50329 of 2022(2) dt.09-12-2022 3/3
police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in the arms case under sections 25(1b)/a/26/35 of the Arms Act.
Brajesh Kumar
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
