Hearing an application for regular bail under the Arms Act, the High Court held the case fit for bail, allowing the petitioner to be released on furnishing a bond and two sureties.
Petitioner enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like 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.64835 of 2022
Arising Out of PS. Case No.-28 Year-2022 Thana- PIPRIYA District- Lakhisarai
======================================================
Krishna Kumar @ Kisan Singh Son Of Ram Singh Resident Of VillageMadhurapur Pubaritola, Ward No. 11, P.S.- Teghra, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 02-03-2023
Let the defects, if any, pointed out by the office be
removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in connection with Pipariya P.S. Case No. 28 of 2022 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.
As per the prosecution, the police personnel apprehended this petitioner with a co-accused person and recovered a country-made pistol with a cartridge.
The main submissions advanced by petitioner’s counsel are that from the possession of this petitioner no fire-
Patna High Court CR. MISC. No.64835 of 2022(2) dt.02-03-2023 2/2
arm was recovered and the alleged fire-arms were recovered from the possession of co-accused Raushan Singh and at the time of said recovery the petitioner was found sleeping with coaccused Raushan Singh and merely on the basis of suspicion he was also apprehended and he has been languishing in jail since
24.04.2022 having fair and clean antecedent.
Learned APP appearing for the State has opposed the prayer for bail.
Considering the aforesaid facts, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Pipariya P.S. Case No. 28 of 2022.
(Shailendra Singh, J.)
maynaz/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail under the Arms Act given that fire-arms were recovered from a co-accused and not from him.
Krishna Kumar @ Kisan Singh
The State of Bihar
SHAILENDRA SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
