Rahul Kumar v. The State of Bihar
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail, after
Provisions considered
Judgment
====================================================== Appearance : For the Petitioner For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA Mr. Raj Kishor Prasad, Advocate Mr. Dashrath Mehta, APP : : 2 04-03-2024 Heard learned counsel for the petitioner and learned APP ORAL ORDER for the State.
The petitioner seeks bail in connection with Agamkuan P.S. Case No. 981 of 2023 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.
As per prosecution case, there is recovery of one pistol with magazine, 10 live cartridges, mobile phone and Rs. 3,700/- from the possession of the petitioner.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-10-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
It has been further submitted by the petitioner’s Patna High Court CR. MISC. No.13094 of 2024(2) dt.04-03-2024 counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered arms. There is no compliance of Section 100 of the Cr.P.C. Charge sheet has already been submitted in this case.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet being submitted and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.
Operative part
Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Agamkuan P.S. Case No. 981 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail, after
Which statutory provisions did this judgment involve?
Arms Act, 1959; Code of Criminal Procedure, 1973 — s. 100.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.