Bail can be granted in cases under the Arms Act, considering the facts and circumstances of the case and the period of custody since arrest.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40123 of 2022

Arising Out of PS. Case No.-40 Year-2022 Thana- ISHAKCHAK District- Bhagalpur

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

1.

Md. Hamad Taj @ Md. Chiku @ Md. Hamad Taj Karim S/O Md. Taj Karim

@ Md. Taj R/O Mohalla- Barahpura West, Kudratullah Lane, P.S.-

Ishakchak, District- Bhagalpur

2.

Md. Fahad Taj @ Bittu @ Md. Fahad Taj Karim S/O Md. Taj Karim @ Md.

Taj R/O Mohalla- Barahpura West, Kudratullah Lane, P.S.- Ishakchak,

District- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. N.K. Agrawal, Senior Advocate

:

Mr. Preety Kunwar, Advocate

:

Mr. Kumar Rajdeep, Advocate

:

Mr. Arvind Kumar, Advocate

For the Opposite Party/s :

Mr. Binod Kumar, APP

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

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

3

10-01-2023

Heard learned counsel for the petitioners, learned APP

for the State and perused the case diary.

The petitioner is in custody in a case registered for the

offence punishable under Sections 25(1-b)a, 26, 27 and 35 of

the Arms Act.

Allegedly, it is a case of recovery of one rifle and fifty

two cartridges from the possession of petitioner no.1 and one

loaded pistol from beneath the pillow of petitioner no.2 along

with one air gun and one mobile.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.40123 of 2022(3) dt.10-01-2023

2/2

petitioners have falsely been implicated in this case. He further

submits that nothing has been recovered from the possession of

the petitioners and petitioners are in custody since 23.02.2022.

Learned APP appearing for the State has opposed the

prayer for regular bail and submitted that some arms were

recovered from the possession of the petitioners.

Having heard learned counsel for the parties and

considering the facts and circumstances of the case, this Court is

inclined to enlarge the petitioners on bail. The above named

petitioners are directed to be released on bail on furnishing bail

bond of Rs.10,000/- (ten thousand) each with two sureties of the

like amount each to the satisfaction of learned ACJM-I,

Bhagalpur in connection with Ishakchak P.S. Case No. 40 of

2022, G.R. NO.720 of 2022.

Brajesh Kumar/-

(Sunil Kumar Panwar, J)

U

T