Patna High Court granted regular bail to the petitioner in an Arms Act case, noting his clean antecedents, completion of investigation, and lack of arms in his personal possession.
Petitioner released on bail on furnishing a bond of Rs.10,000 with two sureties of the same amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12756 of 2023
Arising Out of PS. Case No.-741 Year-2022 Thana- BARH District- Patna
======================================================
VIVEK KUMAR SON OF ASHOK YADAV R/O VILLAGE- KAJICHAK, NEAR KALI MANDIR, P.S.- BARH AND DISTRICT- PATNA
... ... Petitioner/s
Versus
2 24-02-2023
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate : Mr. Manish Kumar, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
... ... Opposite Party/s
Let the defect(s), if any, pointed out by the office be
removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Barh P.S. Case No.741 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 personnel apprehended this petitioner along with co-accused persons and from the possession of this petitioner a mobile phone was recovered and from the possession of co-apprehended persons
Patna High Court CR. MISC. No.12756 of 2023(2) dt.24-02-2023 2/2
some fire arms and mobile phones were recovered.
The main submissions advanced by the learned counsel Mr. Nilendu Kumar Choudhary for the petitioner are that though as per the allegation made in the FIR, the petitioner was apprehended with co-accused persons but from his possession only mobile phone and motorcycle were recovered and no any type of fire-arm was recovered from his conscious possession and he has fair and clean antecedent and has been languishing in jail since 15.11.2022 and against him the investigation has been completed.
Learned APP appearing for the State has opposed the bail prayer.
In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner’s prayer, 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 concerned Court in connection with Barh P.S. Case No.741 of 2022.
(Shailendra Singh, J)
sangam/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case under the Arms Act given clean antecedents and completion of investigation.
VIVEK KUMAR
The State of Bihar
SHAILENDRA SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
