Allowed¶22

Aditya Kumar v. The State of Bihar

Bail – Regular bail – Arms Act

Patna HC20 Aug 2024CR. MISC./56072/2024

Download

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No.56072 of 2024, decided 20-08-2024 by Justice Chandra Prakash Singh. Regular bail granted under Sections 25(1-b)(a) and 26/35 of the Arms Act in Sursand P.S. Case No. 208 of 2024, District Sitamarhi; recovery of country-made pistol and live cartridge; custody since 03.05.2024; four antecedents; bail bond Rs.20,000/- with two sureties; attendance condition.

What did the court decide?

Regular bail granted on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sitamarhi, in connection with Sursand P.S. Case No. 208 of 2024, subject to the condition of physical presence before the Court below on each and every date. ¶22

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

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the petitioner deserves to be enlarged on regular bail in connection with Sursand P.S. Case No. 208 of 2024 registered under Section 25(1-b)(a) and 26/35 of the Arms Act.

¶14

Court's answer

Considering the facts and circumstances, the allegation levelled against the petitioner and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sitamarhi.

¶20

Ratio / Principle

Bail is conditional on the petitioner remaining physically present before the Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders his bail bond liable to cancellation.

¶21

Detailed headnote1 paragraphs

Bail - Regular bail - Arms Act - Petitioner sought regular bail in Sursand P.S. Case No. 208 of 2024 (Sitamarhi) registered under Section 25(1-b)(a) and 26/35 of the Arms Act for alleged recovery of a country-made pistol and live cartridge from his possession, with a motorcycle also recovered; co-accused Utsav Kumar similarly implicated. Defence pleaded false implication, no specific allegation, no recovery from conscious possession, four antecedents disclosed in the bail petition, and custody since 03.05.2024. Considering the facts, the allegations and the period of custody, the Patna High Court (single Judge) enlarged the petitioner on bail on a personal bond of Rs.20,000/- with two sureties of the like amount each, conditioned on physical presence before the Court below on each date, failing which on two consecutive dates without reasonable cause the bail bond is liable to cancellation. Application allowed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56072 of 2024

¶2

Arising Out of PS. Case No.-208 Year-2024 Thana- SURSAND District- Sitamarhi

¶3

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

¶4

Aditya Kumar Son of Surya Narayan Thakur Resident of Village- Beli, P.S.Dumra, District- Sitamarahi ... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar ... ... Opposite Party/s

¶7

====================================================== Appearance : For the Petitioner/s : Mr. Ayush Kumar, Adv For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶9

ORAL ORDER

¶10

2 20-08-2024

¶11

Heard learned counsel for the petitioner and learned

¶12

A.P.P for the State.

¶13

2 . The petitioner has preferred this application for

¶14

grant of regular bail in connection with Sursand P.S. Case No. 208 of 2024 dated 02.05.2024 registered for the offences punishable u/s 25(1-b)(a), 26/35 of the Arms Act.

¶15

3 . As per the prosecution case, one country made pistol and one live cartridge were recovered from the possession of the petitioner and a country made pistol and one live cartridge were recovered from the waist of the co-accused Utsav Kumar and one motorcycle was also recovered from their possession.

¶16

4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner.

¶17

Patna High Court CR. MISC. No.56072 of 2024(2) dt.20-08-2024 2/2

¶18

Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.05.2024.

¶19

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

¶20

6 . Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, 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, Sitamarhi in connection with Sursand P.S. Case No. 208 of 2024, with a condition/s:-

¶21

( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

¶22

7 . The application stands allowed.

¶23

(Chandra Prakash Singh, J)

¶24

Jyoti/- U T

Aditya Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Aditya Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Subhash Rai Vs The State of Bihar

Sanuj Pandey Vs The State of Bihar

Ram Kumar Vs The State of Bihar

Ashish Kumar Vs The State of Bihar

Arun kumar Vs The State of Bihar

Chandan Ram @ Chandan Kumar Nirala Vs the State of Bihar