In an application for bail in an Arms Act case, the High Court, considering the submission of the charge sheet and lack of evidence tampering risk, granted bail subject to conditions. The petitioner was alleged to possess a loaded Katta.
The petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33330 of 2023
Arising Out of PS. Case No.-63 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai
====================================================== DURGESH KUMAR @ DEBRAJ S/o- SULEN YADAV @ SULENDRA YADAV Village- Morkahi Ps- Muffasil Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 07-07-2023
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
The petitioner seeks bail in connection with Begusarai Muffasil P.S. Case No. 63 of 2023 registered for the offences punishable under Sections 25(1-B)A, 26 and 35 of the Arms Act.
As per prosecution case, there is alleged recovery of one loaded Katta from the possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is in custody since 10.02.2023. Petitioner bears one criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the
Patna High Court CR. MISC. No.33330 of 2023(2) dt.07-07-2023 2/3
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 of the Cr.P.C. Seizure list has not been made as per law. There is no independent witness of the alleged occurrence.
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 J.M., 1st Class, Begusarai in connection with Begusarai Muffasil P.S. Case No. 63 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
Patna High Court CR. MISC. No.33330 of 2023(2) dt.07-07-2023 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 is entitled to bail in connection with offences under sections 25(1-B)A, 26 and 35 of the Arms Act.
4 provisions across 2 enactments
Durgesh Kumar @ Debraj
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
