Allowed bail to the petitioner in Matihani P.S. Case 30/2023 under the Arms Act. The High Court directed enlargement on a bond of Rs. 20,000 with two sureties of similar amount after hearing both sides.
Directed enforcement of bail by the petitioner by furnishing bond of Rs. 20,000 and two sureties.
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.37082 of 2023
Arising Out of PS. Case No.-30 Year-2023 Thana- MATIHANI District- Begusarai
======================================================
Rakesh Kumar @ Guddu, Son Of Ramchandra Kunwar, Resident Of VillageGodargama, Ps- Matihani, Distt- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Braj Bhushan Poddar,Advocate For the Opposite Party/s : Mrs. Anita Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 07-07-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Matihani P.S. Case No. 30 of 2023 dated 18.03.2023 registered for the offences punishable u/s 25(1-b)a/ 26 of the Arms Act.
As per the prosecution case, one loaded country made pistol and two live cartridges and one empty cartridge were recovered from the possession of the petitioner.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.37082 of 2023(2) dt.07-07-2023 2/2
the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.03.2023.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Matihani P.S. Case No. 30 of 2023.
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
2 issues framed by the court
Whether the petitioner be enlarged on bail for offences under the Arms Act considering the period of custody and possession of weapons.
Whether sufficient sureties can be summoned to the satisfaction of the competent court for filing bail bond.
1 provisions across 1 enactments
Rakesh Kumar @ Guddu
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
