The High Court at Patna granted regular bail to the petitioner in a case involving recovery of pistols and cartridges, directing release upon furnishing bonds with sureties despite the petitioner's antecedents and custody.
Release of petitioner on bail by furnishing bonds of Rs. 20,000 with two sureties of the like amount each.
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 36123 of 2023
Arising Out of PS. Case No.-101 Year-2022 Thana- MANSURCHAK District- Begusarai
======================================================
GAURAV JHA @ PRITHWI RAJ Son of Shri Hari Shankar Jha @ Hari Shankar Jha Resident of village - Sahpur, ward no. 8, (Sahpur Lodipur), P.S. - Muffasil, Distt. - Begusarai
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr Nirmal Kumar Sinha, APP ======================================================
CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 24-07-2023 Heard learned counsel for the petitioner and the learned APP.
The petitioner has preferred this application for grant of regular bail in connection with Mansoorchak PS Case No 101 of 2022 dated 18.11.2022 registered for the offence punishable under Section 414 of the IPC and Sections 25 (1-b) a, 26 of the Arms Act.
As per the prosecution case, two country made pistols, three live cartridges and one motorcycle were recovered from the possession of the petitioner.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears two criminal antecedents, as stated in
Patna High Court CR. MISC. No.36123 of 2023(2) dt.24-07-2023 2/2
paragraph 3 of the bail petition. It is further submitted that nothing has been recovered from the possession of the petitioner. The petitioner is in custody in this case since 19.11.2022.
Learned APP has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of JM, 01st Class, Begusarai in Mansoorchak PS Case No 101 of 2022 dated 18.11.2022.
This application stands allowed.
(Chandra Prakash Singh, J)
M.E.H. /-
U T
3 issues framed by the court
Whether to grant regular bail to the petitioner accused of offences under Section 414 IPC and the Arms Act challenging the prosecution case.
Whether the petitioner’s criminal antecedents and custody period justify the grant of bail on furnishing a bond.
Whether the defence of innocence and failure to recover weapons from the petitioner is a valid ground for bail.
2 provisions across 2 enactments
GAURAV JHA @ PRITHWI RAJ
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
