The High Court at Patna granted regular bail to the petitioner accused of offences under the Arms Act, who was in judicial custody following the recovery of a carbine and magazines from a motorcycle allegedly driven by him.
Petitioner enlarged on bail by furnishing a 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.4624 of 2023
Arising Out of PS. Case No.-122 Year-2022 Thana- MATIHANI District- Begusarai
======================================================
Amarjeet Kumar Son Of Shakti Yadav R/V- Sawrnpuri Itwari, P.S.- Beldaur, District- Khagaria
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sarvottam Kumar For the Opposite Party/s : Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 06-04-2023
Heard learned counsel for the petitioner and
learned APP for the State .
The petitioner has filed the instant application
for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a/26/35 of Arms Act.
Prosecution case relates to recovery of one
country made carbine and two magazines from a motorcycle bearing registration number BR-34R-2143, which was being driven by the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has
Patna High Court CR. MISC. No.4624 of 2023(2) dt.06-04-2023 2/3
falsely been implicated in the present case. There is no any independent witness of the alleged seizure. The
petitioner has no concern with the alleged recovered incriminating articles. Moreover, the petitioner is languishing in judicial custody since 28.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused person has been granted bail vide order dated 03.04.2023, passed in Cr. Misc. No. 2044 of 2023 passed by this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Matihani P.S. Case No. 122 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.4624 of 2023(2) dt.06-04-2023 3/3
ten thousand) with two sureties of the like amount each
to the satisfaction of the learned Judicial Magistrate, 1st
Class, Begusarai.
(Sunil Kumar Panwar, J)
nirajkrs/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a case involving recovery of weapons from a vehicle he was driving.
1 provisions across 1 enactments
Amarjeet Kumar
The State Of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
