The Patna High Court granted regular bail to the applicant in a case involving illegal possession of a country-made pistol under the Arms Act, to be executed after completing nine months of custody.
Bail allowed to be executed after completing nine months in custody on furnishing a bond of Rs. 10,000 with 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.52254 of 2023
Arising Out of PS. Case No.-86 Year-2023 Thana- DHAKA District- East Champaran
======================================================
RUPESH KUMAR Son of Satrudhan Prasad @ Satrughan Prasad @ Satrughan Prasad Chaudhary Resident of village - Islampur Tola Dhaka, P.S. - Dhaka, Distt. - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Prateek Tandon, Advocate For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 23-08-2023 Heard the learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Dhaka P.S. Case No. 86 of 2023 registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act.
As per the prosecution case, one country made pistol with live cartridges has been recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner is in custody since 01.03.2023.
Considering the period of custody, this application
Patna High Court CR. MISC. No.52254 of 2023(2) dt.23-08-2023 2/2
for regular bail is allowed.
Let the petitioner, above named, be released on bail
after completing nine months in custody, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Dhaka P.S. Case No. 86 of 2023.
The petitioner will visit Dhaka Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.
(Sandeep Kumar, J)
Guddu/-
1 issue framed by the court
Whether the applicant is entitled to regular bail after a specific period of custody in a case involving illegal possession of a pistol under the Arms Act.
3 provisions across 1 enactments
RUPESH KUMAR
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
