This judgment grants bail to the petitioner in a bail application relating to offences under the Arms Act and Unlawful Activities (Prevention) Act, directing him to furnish a bond and sureties.
Petitioner enlarged on bail 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.27325 of 2023
Arising Out of PS. Case No.-334 Year-2018 Thana- MUNGER MUFFASIL District- Munger
| ====================================================== MD. JAMSHAIR @ SUGLA son of Md. Safique Mohalla- Mirjapur Bardah Ps- Munger Muffasil Dist- Munger ... ... Petitioner/s Versus |
|---|
| The State of Bihar ... ... Opposite Party/s ====================================================== |
| Appearance : |
| For the Petitioner/s : Mr.Amarendra Nath Verma For the Opposite Party/s : Mr.Ram Sumiran Rai ====================================================== |
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
2 24-05-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-A), 25(1-AA), 25(1-B), 26 and 35 of the Arms Act and Section 39 of Unlawful Activities Prevention Act.
As per allegation in the FIR, several accused persons including the petitioner are indulged in business of A.K. 47 with the help of his associates to Naxalites and other dreaded criminals. It is further alleged that at the instance of Amna Khatoon, two A.K.-47 were recovered from a pit in south-west corner of outer wall of graveyard.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. At the instance of co-accused Amna Khatoon, arms were recovered and she confessed the name of co-accused Gulpham and he was arrested
Patna High Court CR. MISC. No.27325 of 2023(2) dt.24-05-2023 2/2
by the police. Accused Md. Gulfam was interrogated by the police and he disclosed the name of the present petitioner before the police, which has no evidentiary value in the eye of law. Nothing has been recovered from his possession or from his house. Similarly situated co-accused Md. Gulfam and two other accused persons had already been enlarged on bail by another coordinate Bench of this Court vide order dated 15.11.2019 passed in Cr. Misc. No. 61909 of 2019. Petitioner is languishing in judicial custody since 21.11.2022.
The application for bail is opposed by learned APP for the State and submitted that the petitioner is habitual offender as tow more cases of like nature are pending against him.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 CJM, Munger in connection with Munger Muffasil P.S. Case No. 334 of 2018.
(Sunil Kumar Panwar, J)
sushma/- U
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving possession of arms and alleged Naxalite connection.
Whether the petitioner being a habitual offender with pending cases precludes the grant of bail.
Colour shows how this judgement treated each authority
Patna High Court CR. Misc. No. 61909 of 2019 dated 15.11.2019Referred¶13
2 provisions across 2 enactments
Md. Jamshair @ Sugla
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
