Partly allowed¶19

Rustam Kumar v. The State of Bihar

Patna HC26 Sept 2024CR. MISC./36017/2024

Case brief

AI extract

What is this about?

Patna High Court regular bail Arms Act Sections 25(1-b)a 26 35; Sheikhopur Sarai P.S. Case No. 223 of 2023; Tankuppa P.S. Case No. 232 of 2023 abduction of Saddam Khan; mobile set recovery; pistol recovery; petitioner no.1 bail granted Rs. 10,000 two sureties CJM Sheikhpura; petitioner no.2 bail rejected renewable after six months; Nawneet Kumar Pandey J; decided 26-09-2024; partly allowed.

What did the court decide?

Regular bail granted to petitioner no.1 Rustam Kumar on a bail bond of Rs. 10,000/- with two sureties of the like amount each before the learned CJM, Sheikhpura, subject to cooperation in trial; the bail prayer of petitioner no.2 Ravi Kumar was rejected with liberty to renew after six months. ¶19

Rustam Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether petitioner no.1 Rustam Kumar, from whose possession no arms or ammunition was recovered (only the abductee's mobile set was found in a police raid), is entitled to regular bail in Sheikhopur Sarai P.S. Case No. 223 of 2023 under the Arms Act. +1 more

¶18

Court's answer

Petitioner no.1 Rustam Kumar is directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Sheikhpura, subject to the condition that he cooperate in the disposal of trial and make himself available as and when required by the court.

¶19

Ratio / Principle

In view of the recovery of a pistol from petitioner no.2 Ravi Kumar, his prayer for bail is rejected.

¶23

Key takeaways

Petitioner no.2 is permitted to renew his prayer for bail after six months from the date of this order.ratio¶24

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.36017 of 2024, oral order dated 26-09-2024 by Nawneet Kumar Pandey, J. Application for regular bail by Rustam Kumar and Ravi Kumar @ Ravi Bhushan Kumar in Sheikhopur Sarai P.S. Case No. 223 of 2023 for offences under Sections 25(1-b)a, 26 and 35 of the Arms Act, arising out of their implication in Tankuppa P.S. Case No. 232 of 2023 concerning abduction of Saddam Khan. On a police raid, the mobile set of Saddam Khan was recovered from petitioner no.1 and, on his disclosure, a pistol from petitioner no.2. Held: petitioner no.1 granted bail, no arms or ammunition having been recovered from him, on a bond of Rs. 10,000/- with two like sureties before the CJM, Sheikhpura, subject to cooperation in the trial; bail of petitioner no.2 rejected in view of the pistol recovery, with liberty to renew the prayer after six months.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36017 of 2024

¶2

Arising Out of PS. Case No.-223 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura

¶3

======================================================

¶4

Rustam Kumar son of Devendra Singh @ Devendra Kumar Resident of Village- Mohabattpur, P.S.- Sheikhopur Sarai, Dist.- Sheikhpura

¶5

Ravi Kumar @ Ravi Bhushan Kumar Son of Jitendra Singh @ Jitan Singh Resident of Village- Mohabattpur, P.S.- Sheikhopur Sarai, Dist.- Sheikhpura

¶6

... ... Petitioner/s

¶7

Versus

¶8

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar For the Opposite Party/s : Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

¶9

... ... Opposite Party/s

¶10

ORAL ORDER

¶11

5 26-09-2024 The learned counsel for the petitioners is permitted to

¶12

make necessary corrections at page 1 of the bail petition, in course of the day.

¶13

Heard the learned counsel for the petitioners and learned APP for the State.

¶14

This is an application for regular bail on behalf of the petitioners for the offences alleged under Sections 25(1-b)a, 26 and 35 of the Arms Act, registered in connection with Sheikhopur Sarai P.S.Case No. 223 of 2023.

¶15

As per the FIR, the petitioners were wanted in Tankuppa P.S.Case No. 232 of 2023 for abduction of Saddam

¶16

Patna High Court CR. MISC. No.36017 of 2024(5) dt.26-09-2024 2/3

¶17

Khan. The police raided the house of petitioner no.1, Rustam Kumar, from whose possession the mobile set of Saddam Khan was recovered. On disclosures of petitioner no.1, a pistol was recovered from petitioner no.2, Ravi Kumar.

¶18

The learned counsel for the petitioners has submitted that so far as petitioner no.1 is concerned, though there is allegation of kidnapping of one Saddam Khan, but a separate case (Tankuppa P.S.Case No.232 of 2023) has been lodged and this case is only under the provisions of the Arms Act. The provisions of the Arms Act are not attracted against petitioner no.1, as no any kind of arms and ammunition were recovered from his possession. So far as petitioner no.2, Ravi Kumar is concerned, a pistol was recovered from his possession.

¶19

Considering the above facts and circumstances, let the petitioner no.1 Rustm Kumar, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura in connection with Sheikhopur Sarai P.S.Case No. 223 of 2023, subject to the condition that petitioner no.1 shall cooperate in the disposal of trial and make himself available as and when required by the court.

¶20