In bail application under Arms Act, High Court inclined to enlarge petitioner on regular bail after considering facts, custody period, and opposition from state counsel, directing release upon furnishing bond and sureties.
Ordered release on bail with bond of Rs.10,000 and two sureties of 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.3088 of 2023
Arising Out of PS. Case No.-58 Year-2022 Thana- AURAI District- Muzaffarpur
======================================================
Akhilesh Kumar Yadav @ Akhilesh Kumar Son Of Late Ram Dayal Rai R/O Village- Panapur, Tola Airiya, P.S.- Aurai, District- Muzaffarpur
... ... Petitioner/S
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Fahad Khurshid For the Opposite Party/s : Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 03-05-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a/ 26/35 of the Arms Act.
The prosecution case, in brief, is that the informant along with police personnel reached at Sasauli village and apprehended the accused persons including the petitioner. Upon search, one loaded country made pistol along with live cartridges was recovered from possession of this petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. The
Patna High Court CR. MISC. No.3088 of 2023(2) dt.03-05-2023 2/2
petitioner has no concern with the alleged arms which was seized by the police or with the co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 23.3.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Aurai P.S. Case No. 58 of 2022 on furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class (East), Muzaffarpur.
T(Sunil Kumar Panwar, J)
Amandeep/-
U T
2 issues framed by the court
Whether the petitioner should be released on regular bail in a case for unlawful possession of arms.
Whether the period of custody and circumstances warrant the enlargement of the petitioner on bail.
1 provisions across 1 enactments
Akhilesh Kumar Yadav @ Akhilesh 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
