High Court ordered release of petitioners on bail in an arms and wapons case despite persistent allegations, as they were not arrested on spot and investigation completed with charge-sheet filed.
Released on bail with bond of Rs.10,000 each and two sureties of similar amount.
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.61799 of 2022
Arising Out of PS. Case No.-24 Year-2022 Thana- CHACKMEHSI District- Samastipur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Chakmehsi P.S. Case No. 24 of 2022 registered for the offence under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
The accused/petitioners are named in the F.I.R. and is in custody since 04.06.2022.
As per the case of prosecution, the recovery of 02 pistols, one country made Katta, 24 live cartridges, 02 empty
Patna High Court CR. MISC. No.61799 of 2022(2) dt.20-02-2023 2/3
cartridges, etc. were recovered from the house of the petitioner No.1, where, father of petitioner No.1, apprehended on spot and disclosed name of the petitioners and other co-accused persons.
Learned counsel appearing on behalf of the petitioners submitted that admittedly petitioners were not apprehended on spot and no firearms as alleged was recovered from their possession. It is submitted that compliance of Section 100 (4) of the Cr.P.C., which is appears to be made compulsory for search of house, was not made in the present case. It is also submitted that after being named in the present case, both the petitioners, subsequently named in 08 cases which was lodged against unknown persons and was also involved in 02 cases, where, they have been made named accused. While concluding the argument, it is submitted that out of 10 cases, both the petitioner now are on bail in 04 – 05 cases and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as admittedly, both the petitioners were not apprehended
Patna High Court CR. MISC. No.61799 of 2022(2) dt.20-02-2023 3/3
on spot, suggesting that recovery of alleged firearms was not made from physical possession of these petitioners coupled with the fact that charge-sheet has already been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Chakmehsi P.S. Case No. 24 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Samastipur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
S.Katyayan/-
U T
2 issues framed by the court
Whether the petitioners entitled to bail considering they were not apprehended on spot and charge-sheet submitted.
Whether compliance of Section 100 (4) of Cr.P.C. regarding compulsory search was necessary for bail.
1 provisions across 1 enactments
Niraj Rai @ Niraj Kumar
Pravin Sahni @ Pravin Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
