Single judge allowed bail to the petitioner in a case involving recovery of a pistol and live cartridge and implication under the Arms Act while noting possible police misconduct.
Petitioner directed to be enlarged on bail by furnishing bond of Rs. 10,000 with two sureties each of the like amount.
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.27332 of 2023
Arising Out of PS. Case No.-25 Year-2023 Thana- MAJORGANJ District- Sitamarhi
======================================================
MANISH KUMAR S/O RAMASHRAY PRASAD R/O Village- Madhurapur Ward No. 10, P.S- Supi, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Devendra Kumar For the Opposite Party/s : Mr.Umesh Lal Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
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-B)(a),26 and 35 of the Arms Act.
Prosecution case relates to recovery of one country made pistol and one live cartridge from possession of the petitioner and he was arrested on spot while coming to India from Nepal by motorcycle.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. By applying force police took his signature on plain paper and later on the same was manufactured as seizure list. Petitioner has no criminal antecedent and he is languishing in judicial custody since 3.2.2023.
Patna High Court CR. MISC. No.27332 of 2023(2) dt.24-05-2023 2/2
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, 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 ACJM, Sitamarhi in connection with Majorganj P.S. Case No. 25 of 2023.
(Sunil Kumar Panwar, J)
sushma/-
U
2 issues framed by the court
Whether the petitioner should be granted bail in the present Arms Act case.
Whether the allegations of false implication by the police are sufficient to grant bail.
Manish 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
