The Patna High Court granted bail to the petitioner arrested in an Arms Act case. The court noted the petitioner was not apprehended on spot and relied on the State.
Enlargement of petitioner on bail on furnishing a bond of Rs. 10,000 with 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.39715 of 2023
Arising Out of PS. Case No.-291 Year-2022 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
RAMBRIKSH SINGH Son of Late Narayan Singh @ Shri Sharan Singh Resident of village - Sabalpur, P.S.- Sahebpur Kamal, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Braj Bhushan Poddar For the Opposite Party/s : Mr. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 14-07-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 25 (1-b) a/26 (ii) 35 of Arms Act.
Prosecution case relates to recovery of sixty cartridges and three mobiles from three accused persons and all the three persons were apprehended on spot. They disclosed that they have purchased the said arms from the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is innocent and nothing has been recovered from his possession neither he was arrested on spot. His name came in
Patna High Court CR. MISC. No.39715 of 2023(2) dt.14-07-2023 2/2
this case in confessional statement of apprehended accused persons, which has no evidentiary value in the eye of law. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 28.03.2023.
The application for bail is opposed by learned APP for
the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Subjudge-VI-cum-ACJM IV, Begusarai in connection with Sahebpur Kamal PS Case No. 291 of 2022.
(Sunil Kumar Panwar, J)
sushma/-
U
1 issue framed by the court
Whether the petitioner should be enlarged on bail in a case under the Arms Act where he claims false implication and lack of recovery from his possession.
2 provisions across 2 enactments
Rambrikk Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
