The High Court of Patna granted bail to two petitioners in a PS. case under the Arms Act. They were to be released on personal bond subject to conditions under Section 438(2) CrPC, rejecting allegations of false implication.
Release on bail on furnishing personal bond to the satisfaction of the Chief Judicial Magistrate, Munger.
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.2715 of 2023
Arising Out of PS. Case No.-149 Year-2022 Thana- KOTWALI District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjiv Kumar Singh For the Opposite Party/s : Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
counsel for the State.
Petitioners apprehend arrest in connection with Kotwali P.S. Case No. 149 of 2022 registered for the offence under sections 25(1-A) 26 (10b)a, 26(i)(ii), 30, 35 of the Arms Act.
Learned counsel for the petitioners submits that petitioners have not committed any offence as alleged in the first information report and they have been falsely implicated in this case on the confessional statement of the co-accused. Nothing has been recovered from the conscious possession of these petitioners. Petitioner have no criminal antecedent.
Patna High Court CR. MISC. No.2715 of 2023(2) dt.08-05-2023 2/2
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioners, above named, are directed to be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 149 of 2022 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
mcv/-
U T
2 issues framed by the court
Whether the petitioners are entitled to bail on furnishing personal bond in connection with the FIR under the Arms Act?
Whether the allegations of false implication and confessional statement justify release on bail without physical recovery of evidence?
1 provisions across 1 enactments
Pradip Kumar Sharma
Pramod Kumar Sharma
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
