In an oral order, the High Court at Patna, via Justice Sunil Kumar Panwar, allowed a bail application under Sections 25(1-b)a, 26, and 35 of the Arms Act, directing the petitioner to furnish a bond and sureties.
The petitioner was directed to be enlarged on bail by furnishing a bail bond of Rs. 10,000 with two sureties of the 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. 14854 of 2023
Arising Out of PS. Case No.-338 Year-2022 Thana- VAISHALI District- Vaishali
======================================================
LOKNATH KUMAR S/O MUKESH RAI Resident of village- Rewa, P.S.Saraiya, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar Singh For the Opposite Party/s : Mr.Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 28-04-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.
As per prosecution case, there has been recovery of one loaded country-made pistol and two live cartridges from the left waist of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which was seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case. He is languishing in judicial custody since
Patna High Court CR. MISC. No. 14854 of 2023(2) dt.28-04-2023 2/2
02.09.2022.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 338 of 2022.
(Sunil Kumar Panwar, J)
arish/-
U T
2 issues framed by the court
Whether the petitioner should be enlarged on bail in a case concerning recovery of arms and ammunition.
Whether the petitioner falsely implicated and if the conditions for bail are met.
1 provisions across 1 enactments
Loknath Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
