In a bail petition under the Arms Act, the High Court permitted the petitioner to remove defects and subsequently granted regular bail by fixing a bond of Rs.20,000 with two sureties.
Granted regular bail upon furnishing a bail bond of Rs.20,000 with two sureties of the like amount each.
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.73808 of 2022
Arising Out of PS. Case No.-358 Year-2022 Thana- GAIGHAT District- Muzaffarpur
======================================================
Aditya Raj @ Ankit Kumar @ Ankit Singh, S/O Late Ram Kumar Singh @ Shailendra Singh @ Shailendra Kumar Singh, Resident of village- Kothiya Pura, P.S.- Gayghat, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar @ S.K., Advocate For the State : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 06-04-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Gayghat P.S. Case No. 358 of 2022 dated 29.07.2022 registered for the offences punishable u/ss 25(1-b)a and 26 of the Arms Act.
As per the prosecution case, on seeing the police, the petitioner tried to flee away but he was apprehended by the police and made confessional statement in presence of two witnesses. At the instances of the petitioner, a country made
Patna High Court CR. MISC. No.73808 of 2022(2) dt.06-04-2023 2/3
loaded pistol was recovered from the bush.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is accused in 8 criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.07.2022.
Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Gayghat P.S. Case No. 358 of 2022, with the following conditions :-
Patna High Court CR. MISC. No.73808 of 2022(2) dt.06-04-2023 3/3
dates without reasonable cause, his bail bonds is liable to be cancelled.
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioner is entitled to be enlarged on bail in connection with PS Case No.358 of 2022.
1 provisions across 1 enactments
Aditya Raj @ Ankit Kumar @ Ankit Singh
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
