This oral order by the Patna High Court grants bail to the petitioner in a FIR under the Arms Act after hearing the counsel for the petitioner and the State.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two sureties to the satisfaction of the Chief Judicial Magistrate, Madhepura.
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.57618 of 2022
Arising Out of PS. Case No.-47 Year-2022 Thana- KUMAR KHAND District- Madhepura
======================================================
Gaurav Kumar @ Biru, Son of Salen Yadav Resident of Village - Gudhiya Ward No.- 3, P.S.- Kumarkhand, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
3 22-03-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
In the present case, the petitioner seeks bail in connection with Kumarkhand P.S. Case No. 47 of 2022 registered for the alleged offences under Sections 25(1-B)a, 26 and 35 of the Arms Act.
As per prosecution case, petitioner was apprehended with a country made pistol and magazine loaded with one livecartridge along with co-accused from whose possession one live-cartridge was recovered.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and nothing incriminating has been recovered from the person or possession of this petitioner. He has been apprehended and seizure has been
Patna High Court CR. MISC. No.57618 of 2022(3) dt.22-03-2023 2/3
shown without following the provisions of Section 100 of the Code of Criminal Procedure. Learned counsel further submits that petitioner has been falsely implicated in this case due to political rivalry. Petitioner is accused in 3 other cases, but he is on bail in each cases. Charge sheet has been submitted in this case and the petitioner is in custody since 03.02.2022.
Learned A.P.P. for the State vehemently opposes the submission made on behalf of the petitioner. Learned A.P.P. further submits that petitioner is having criminal antecedent of serious cases and is accused in a bank robbery case as well.
Having regard to the aforesaid facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/(twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madehpura in connection with Kumarkhand P.S. Case No. 47 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
Patna High Court CR. MISC. No.57618 of 2022(3) dt.22-03-2023 3/3
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
Daya/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail subject to conditions.
3 provisions across 2 enactments
Gaurav Kumar @ Biru
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
