This oral order grants bail to the petitioner in a criminal case involving the Arms Act. The court directed the petitioner's release upon furnishing a bail bond of Rs. 10,000 with two sureties to the competent judicial magistrate.
Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties to the learned Judicial Magistrate.
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.55583 of 2023
Arising Out of PS. Case No.-134 Year-2023 Thana- KHAIRA District- Saran
======================================================
Rahul Kumar S/O Satyendra Kumar Rai @ Satendra Ray R/O Village- Hare Ram Ke Tola, Ps. Khaira, Dist. Saran At Chapra
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party : Mr. Lalan Kumar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER
2 30-08-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Khaira P.S. Case No. 134 of 2023 dated 10.04.2023, instituted for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. Allegation is recovery of one live cartridge and a VIVO Mobile Phone (Mobile Phone was purchased by the petitioner) from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that the petitioner has been implicated with false allegation in the present case, the only
Patna High Court CR. MISC. No.55583 of 2023(2) dt.30-08-2023 2/2
reason behind it is that when the raid was conducted, he was passing through by the side of the place of occurrence and was caught merely on the basis of suspicion. Lastly, it has been submitted that the petitioner is in custody since 10.04.2023 has no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate – 1st Class, Saran at Chapra in Khaira P.S. Case No. 134 of 2023.
(Khatim Reza, J)
Shanu/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail in the charge of offences under Sections 25(1-b)a, 26, and 35 of the Arms Act.
1 provisions across 1 enactments
Rahul Kumar
The State of Bihar
Khatim Reza
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
