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2023 Supreme(Online)(Pat) 8349
PATNA HIGH COURT
JITENDRA KUMAR, J
AJIT KUMAR – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./33207/2022
An accused is entitled to bail if there is no recovery from his possession and his name transpires only in the confessional statement of a co-accused.
Headnote:
BAIL - ARMS ACT, 1959 - SECTION 25(1-B), 26, 35 - BAIL GRANTED - ACCUSED'S NAME TRANSPIRED ONLY IN CO-ACCUSED'S CONFESSIONAL STATEMENT - NO RECOVERY FROM ACCUSED'S POSSESSION - ACCUSED LANGUISHING IN JAIL SINCE 18.10.2022
Fact of the Case:
The petitioner was arrested in connection with a case registered under Sections 25(1-b), 26, and 35 of the Arms Act, 1959. The prosecution alleged that the petitioner had concealed arms and ammunition used in the commission of an offense. The petitioner's name transpired only in the confessional statement of a co-accused, and there was no recovery from the petitioner's possession.
Finding of the Court:
The court found that the petitioner's name transpired only in the confessional statement of a co-accused and that there was no recovery from the petitioner's possession. The court also noted that the petitioner had been languishing in jail since 18.10.2022.
Issues: Whether the petitioner should be granted bail considering that his name transpired only in the confessional statement of a co-accused and that there was no recovery from his possession.
Ratio Decidendi: The court held that the petitioner was entitled to bail considering that his name transpired only in the confessional statement of a co-accused and that there was no recovery from his possession. The court also noted that the petitioner had been languishing in jail since 18.10.2022.
Final Decision: The court allowed the petitioner's bail application and directed his release on bail on furnishing bail bonds in the sum of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33207 of 2022
Arising Out of PS. Case No.-487 Year-2021 Thana- GHOSI District- Jehanabad
======================================================
Ajit Kumar, S/o Late Moti Mistari R/o village- Amthua, P.S.- Kako, Distt.-
Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Nitya Nand Neeraj
For the Opposite Party/s :
Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3
11-01-2023
This case is listed for hearing out of turn on
account of mentioning that the mother of the petitioner is
seriously ill and she requires treatment at AIIMS, Patna.
Heard Ld. counsel for the petitioner and Ld. APP
for the State.
The petitioner seeks bail in connection with Ghoshi
P. S. Case No. 487 of 2021, registered for the offences
punishable under Sections 25 (1-b), 26 and 35 of Arms Act,
1959.
The prosecution story as emerges from the FIR is
that on 12.11.2021 at about 11.15 P.M., the informant
being S.I. of Jehanabad Town Police Station raided the
Patna High Court CR. MISC. No.33207 of 2022(3) dt.11-01-2023
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house of an accused Shaymdeo Kumar in regard to
Jehanabad Town P. S. Case No. 685 of 2021 and arrested
him, who confessed that the arms and ammunition used in
commission of offence, has been kept by the accused-
petitioner in Excellent Coaching Centre, Bairam Saria. It is
further alleged that on the basis of confessional statement of
co-accused Shyamdeo Kumar, arms and ammunition were
recovered from the Excellent Coaching Centre.
Ld. counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the name of the petitioner
transpires only in the confessional statement of the co-
accused that seized arms and ammunition were concealed by
the accused-petitioner. As such, there is no recovery from
the conscious possession of the petitioner nor there is any
other recovery at the instance of petitioner.
He further submits that the petitioner has been
languishing in jail since 18.10.2022.
It has also been stated in paragraph no. 3 of the
bail petition that the petitioner has earlier been made
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accused in two other cases.
It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently
opposes the prayer of the petitioner for bail.
Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in
the sum of Rs. 10,000 /- (Ten Thousand) with two sureties
of the like amount each to the satisfaction of Ld. A.C.J.M.
III, Jehanabad, in connection with Ghoshi P. S. Case No.
487 of 2021 on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not hamper on account of his absence
or non-cooperation. He must be available to the police or the
court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
Patna High Court CR. MISC. No.33207 of 2022(3) dt.11-01-2023
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make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or to any police
officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than
the disclosed one, Ld. court below shall cancel the bail bonds
of the petitioner afte
