An accused is entitled to bail if he can show that he is innocent and has been falsely implicated, that there is no likelihood of his absconding or tampering with the evidence, and that he is not a threat to the society.

Headnote:
BAIL - ARMS ACT, 1959 - SECTION 25(1-B) - BAIL GRANTED - NO RECOVERY FROM THE PETITIONER - NAME OF THE PETITIONER CAME ONLY ON THE CONFESSION OF CO-ACCUSED - NO CRIMINAL ANTECEDENT
Fact of the Case:

The petitioner apprehended his arrest in connection with Fatehpur P.S. Case No. 276 of 2019 registered under Section 25(1-B) of the Arms Act. The petitioner's counsel submitted that the petitioner is innocent and has been falsely implicated due to personal enmity. The petitioner's name came only on the confession of co-accused Sagar Pal. Nothing was recovered from the petitioner's possession, and he has no criminal antecedent.
Finding of the Court:

The court considered the facts and circumstances of the case and found that the petitioner is entitled to bail.
Issues: Whether the petitioner is entitled to bail in the present case.
Ratio Decidendi: The court relied on the following principles while granting bail to the petitioner:- The petitioner is innocent and has been falsely implicated due to personal enmity.- The petitioner's name came only on the confession of co-accused Sagar Pal.- Nothing was recovered from the petitioner's possession.- The petitioner has no criminal antecedent.
Final Decision: The court granted bail to the petitioner subject to the condition that he furnishes personal bond to the satisfaction of the Additional Chief Judicial Magistrate-VIII, Gaya.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61895 of 2022

Arising Out of PS. Case No.-276 Year-2019 Thana- FATEHPUR District- Gaya

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

RAMJIT PAL S/o Lakhan Pal R/o Village- Nagva Tola, Shivpur, P.S.-

Fatehpur, Distt- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh, APP

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

CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA

ORAL ORDER

04-01-2023

Heard learned counsel for the petitioner and learned

counsel for the State.

The petitioner apprehends his arrest in connection with

Fatehpur P.S. Case No. 276 of 2019 registered under Section

25(1-B) of the Arms Act.

Learned counsel appearing on behalf of the petitioner

submits that petitioner is innocent and has falsely been

implicated in the present case due to personal enmity. Further

submission is that the name of the petitioner has come only on

the confession of co-accused Sagar Pal. He also submits that

nothing has been recovered from the conscious possession of

the petitioner. Petitioner has got no criminal antecedent.

Having considered the facts and circumstances of the

case, let the above named petitioner be released on bail, in the

Patna High Court CR. MISC. No.61895 of 2022(2) dt.04-01-2023

2/2

event of arrest or surrender before the learned court below

within a period of four weeks from today, on furnishing personal

bond to the satisfaction of the Additional Chief Judicial

Magistrate-VIII, Gaya in connection with Fatehpur P.S. Case

No. 276 of 2019, subject to the condition as laid down under

Section 438(2) of the Cr. P.C.

utkarsh/-

(Arvind Srivastava, J)

Click Here to Read the rest of this document

2023 Supreme(Online)(Pat) 1558

PATNA HIGH COURTMr. Justice Arvind SrivastavaRAMJIT PAL – AppellantVersusThe State – RespondentCR. MISC./61895/2022

An accused is entitled to bail if he can show that he is innocent and has been falsely implicated, that there is no likelihood of his absconding or tampering with the evidence, and that he is not a threat to the society.

PATNA HIGH COURT
Mr. Justice Arvind Srivastava
RAMJIT PAL – Appellant
Versus
The State – Respondent
CR. MISC./61895/2022