Petitioner sought regular bail in an Arms Act case involving alleged recovery of two live cartridges and a country-made pistol during night patrolling. Court granted bail citing petitioner's young age, clean antecedents and custody period since arrest.
Regular bail granted on bail bond of Rs.10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4376 of 2023
Arising Out of PS. Case No.-786 Year-2022 Thana- BRAHMPUR District- Buxar
======================================================
RAJ KISHORE CHAURASIA Son of Amarnath Chaurasia @ Guddu Chaurasia Resident of Village- Kesath, P.S.- Nawanagar, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shankar Pathak, Adv. For the Opposite Party/s : Mr. Ramchandra Sahni, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
3 07-04-2023
Let the defects, if any, pointed out by the office be
removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Brahmpur P.S. Case No. 786 of 2022 dated 05.11.2022 registered for the offences punishable under Sections 25(1B)a, 26 and 35 of Arms Act.
As per the prosecution, during the course of night patrolling duty, the informant along with other police personnel apprehended this petitioner and other named co-accused person and from their possession two live cartridges and one loaded
Patna High Court CR. MISC. No.4376 of 2023(3) dt.07-04-2023 2/3
country-made pistol were recovered.
The main submissions advanced by petitioner's counsel are that as per the prosecution's allegation, only two live cartridges were recovered from the possession of this petitioner but the said allegation is completely false, in fact on the alleged day of occurrence, the petitioner was travelling with his covillager on his motorcycle and the petitioner was bonafidely accompanied with the said co-villager and from the possession of co-accused namely Guddu Kumar one loaded country-made pistol was recovered and thereafter the police fabricated a false story with regard to the recovery of the said two live cartridges from the possession of this petitioner. Further submission is that the petitioner is a very young person and having fair and clean antecedent and has been languishing in jail since 05.11.2022 and it is an admitted position that the possession of a live cartridge is meaningless without a gun/pistol, so the allegation made against the petitioner as of keeping live cartridges in his possession without a gun/pistol, is completely unbelievable.
Learned APP appearing for the State has opposed the bail prayer.
In view of facts, as stated above and mainly considering the petitioner's young age, his fair and clean
Patna High Court CR. MISC. No.4376 of 2023(3) dt.07-04-2023 3/3
antecedent as well as his custody period, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Brahmpur P.S. Case No. 786 of 2022.
(Shailendra Singh, J)
annu/-
U T
2 issues framed by the court
Whether the petitioner accused under Sections 25(1B)a, 26 and 35 of the Arms Act should be granted regular bail.
Whether recovery of two live cartridges from the petitioner without a firearm supports the prosecution allegation.
3 provisions across 1 enactments
Raj Kishore Chaurasia
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
