The Patna High Court granted bail to the petitioner in an Arms Act case involving recovery of a firearm. The court released him on a bond of Rs. 10,000 with two sureties, subject to conditions regarding appearance and conduct.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties of similar 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.32960 of 2023
Arising Out of PS. Case No.-334 Year-2022 Thana- PATEPUR District- Vaishali
======================================================
KAUSHAL KUMAR SON OF SUNIL KUMAR @ SUNIL KUMAR SAHNI R/O VILLAGE- KACHCHI PAKKI ATARDAH, P.S.- MUZAFFARPUR SADAR, DISTRICT- MUZAFFARPUR
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar For the Opposite Party/s : Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 24-06-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Patepur P.S. Case No. 334 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
As per prosecution case, there is alleged recovery of one loaded country made Katta alongwith one live cartridge from the possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is in custody since 13.12.2022. Petitioner bears one criminal antecedent in which he is on bail. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel
Patna High Court CR. MISC. No.32960 of 2023(2) dt.24-06-2023 2/3
further submits that the petitioner is innocent and has committed no offence as alleged in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Merely on suspicion, the petitioner has been implicated in this case.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the parties 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 Judicial Magistrate-Ist Class, Vaishali at Hajipur in connection with Patepur P.S. Case No. 334 of 2022, 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
Patna High Court CR. MISC. No.32960 of 2023(2) dt.24-06-2023 3/3
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.
(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.
(Alok Kumar Pandey, J)
amitkr/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving offences under the Arms Act.
2 provisions across 2 enactments
Kaushal Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
