This is an oral order granting bail to Ajay Kumar, who was in judicial custody for offences under the Arms Act after being caught by police while attempting to escape on a motorcycle. The court granted bail subject to conditions including a bond and sureties.
Bail allowed on furnishing bond of Rs. 10,000 with two sureties.
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.54307 of 2021
Arising Out of PS. Case No.-83 Year-2021 Thana- PURAINI District- Madhepura
======================================================
AJAY KUMAR Son of Jholi Mandal Resident of Village - Chatnama Ward No.08, P.s.- Puraini, Distt.- Madhepura.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 18-04-2022
Heard learned counsel for the parties. t
The petitioner is in judicial custody in connection
with Puraini P.S. Case No. 83 of 2021 registered for the offences under Sections 25(1-b)a 26/35 of the Arms Act.
In course of patrolling, the police intercepted a person riding on motorcycle. He tried to escape. He was caught and upon search; a loaded country made pistol and some live cartridges were recovered. He gave his name as Ajay Kumar (petitioner herein). Seizure list was prepared and he was taken into custody.
Learned counsel for the petitioner submits that he has no criminal antecedent and has been implicated by the police. He further submits that charge-sheet has already been submitted and he is in judicial custody since 1st of June, 2021 (as stated in paragraph-9 of the bail application).
Patna High Court CR. MISC. No.54307 of 2021(3) dt.18-04-2022 2/2
Taking into account the aforesaid facts, 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 ACJM- II, Udakishunganj in connection with Puraini P.S. Case No. 83 of 2021, 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 reasons will entail his cancellation of bail by the Trial Court itself;
(iii) the petitioner shall desist from committing any criminal offence again, failing which the State shall take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is
allowed.
(Rajiv Roy, J)
Jagdish/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in connection with offences under the Arms Act given his first time offence status and lack of criminal antecedent.
1 provisions across 1 enactments
AJAY KUMAR
THE STATE OF BIHAR
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
