Single judge at Patna issued oral order granting bail to petitioner in Arms Act case, ordering security of Rs. 10,000 with two sureties, subject to conditions of cooperation and non-tampering.
Release of petitioner on bail by furnishing bond of Rs. 10,000 with two sureties of like amount to the satisfaction of the Chief Judicial Magistrate, Banka.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29584 of 2023
Arising Out of PS. Case No.-22 Year-2023 Thana- BARAHAT District- Banka
======================================================
PRADIP RAUT SON OF LATE BABULAL RAUT RESIDENT OF VILLAGE- CHARWA, PS- BARAHAT, DISTT- BANKA
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhirendra Kumar For the Opposite Party/s : Mr.Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 12-06-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner seeks bail in connection with Barahat P.S. Case No. 22 of 2023 registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.
As per prosecution case, one country made pistol
alongwith four live cartridges have been recovered from possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is in custody since 29.01.2023 and bears no criminal antecedent. He further submits that from perusal of seizure list it appears that prior to arrest of the petitioner seizure list was prepared and typed and later on case number has been mentioned with signature of witnesses. Charge sheet has been
Patna High Court CR. MISC. No.29584 of 2023(2) dt.12-06-2023 2/3
submitted in the case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Barahat P.S. Case No. 22 of 2023, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
Patna High Court CR. MISC. No.29584 of 2023(2) dt.12-06-2023 3/3
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.
(Alok Kumar Pandey, J)
shahzad/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving offences under the Arms Act given his clean antecedents and lack of tampering risk.
1 provisions across 1 enactments
PRADIP RAUT
BIHAR
ALOK KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
