Amarjeet Kumar v. The State of Bihar
Case at a glance
Provisions considered
Key paragraphs
- Para 77. In view of above-mentioned facts and circumstances of the case as recovery of alleged live Patna High Court CR. MISC. No.40820 of 2024(2) dt.10-06-2024 cartridges prima-facie not appears recovered from conscious physical possession of this petitioner as per seizure list, coupled with the fact…
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr.Ganesh Prasad Singh, Advocate Dr. Ajeet Kumar, APP 2 10-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Petitioner seeks bail in connection with Piro P.S. Case No. 138 of 2024 registered for the offences under Section 25(1-b)a/26/35 of the Arms Act.
The petitioner is named in the First Information Report and is in custody since 01.04.2024.
Allegation against the petitioner is of having possession of two live cartridges along with one co-accused who was the pillion rider having possession of one loaded country made pistol and one live cartridge.
It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has been falsely Patna High Court CR. MISC. No.40820 of 2024(2) dt.10-06-2024 implicated in the present case out of police atrocities, which is apparent from the seizure list, where two live cartridges were shown recovered from his possession without any fire- arm. It is pointed out that petitioner is a man of clean antecedent and, motorcycle, which is alleged to be seized by the police, belongs to his father. It is further pointed out by learned counsel that seizure list is not showing the signature of accused petitioner, suggesting prima-facie that alleged recovery of live cartridges were not made from his physical possession. It is submitted that seizure list appears also doubtful being not supported by independent witnesses, rather by Home Guard personnel. While concluding argument, learned counsel submitted that investigation of this case is completed and charge-sheet has already submitted, and as such, there is no chance of tampering with the evidence.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
In view of above-mentioned facts and circumstances of the case as recovery of alleged live Patna High Court CR. MISC. No.40820 of 2024(2) dt.10-06-2024 cartridges prima-facie not appears recovered from conscious physical possession of this petitioner as per seizure list, coupled with the fact that investigation of this case is completed coupled with the fact that petitioner is a man of clean antecedent who is in custody since 01.04.2024, accordingly, above-named petitioner is directed to be released on bail in connection with Piro P.S. Case No. 138 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 4th, Bhojpur at Ara, subject to the condition as laid down under Section 437 (3) Cr.P.C. (Chandra Shekhar Jha, J.) Rajeev/- U T
Precedent status how later indexed judgments have treated this case
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