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HIGH COURT OF PATNA
Mr. Justice Madhuresh Prasad
PAPPU YADAV @ PAPPU BANJARA @ KAMDEO YADAV – Appellant
Versus
The State – Respondent
CR. MISC./56463/2022
An accused with clean antecedents and where the investigation is complete may be granted bail even in cases involving illegal possession of arms and ammunition.
Headnote:
BAIL - ARMS ACT - SECTION 25(1-B)a/26/35 - ILLEGAL POSSESSION OF ARMS AND AMMUNITION - BAIL GRANTED CONSIDERING CLEAN ANTECEDENTS AND COMPLETION OF INVESTIGATION
Fact of the Case:
The petitioner was arrested for allegedly possessing a country-made pistol and two live cartridges. He denied the recovery and disputed its legality, claiming it was not in accordance with the law. The petitioner had no prior criminal record, and the investigation was complete.
Finding of the Court:
The court considered the petitioner's clean antecedents and the completion of the investigation and accepted the petitioner's submissions.
Issues: Whether the petitioner should be granted bail considering his clean antecedents and the completion of the investigation.
Ratio Decidendi: The court held that the petitioner's clean antecedents and the completion of the investigation warranted the grant of bail.
Final Decision: The court allowed the petitioner's bail application and ordered his release on bail subject to certain conditions, including furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56463 of 2022
Arising Out of PS. Case No.-422 Year-2022 Thana- LAKHISARAI District- Lakhisarai
======================================================
Pappu Yadav @ Pappu Banjara @ Kamdeo Yadav, Son Of Late Murli Yadav,
R/O Village- Naya Tola, Jurabganj, P.S.- Kodha, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Anand Kumar Ojha, Advocate
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2
11-01-2023
Heard learned counsel for the petitioner and the
learned APP for the State.
The petitioner seeks bail in connection with
Lakhisarai P.S. Case No.422 of 2022 registered for the offence
punishable under Section 413/414 of the Indian Penal Code and
Section 25(1-B)a/26/35 of the Arms Act.
There is alleged recovery of a country made pistol and
two live cartridges from the petitioner. He is stated to be in
custody since 22.05.2022. Recovery is denied and disputed. It is
submitted that it is not in accordance with law. Petitioner has no
antecedents. Investigation is compete.
Learned APP for the State has opposed the prayer for
bail.
Considering the rival submissions, petitioner's clean
Patna High Court CR. MISC. No.56463 of 2022(2) dt.11-01-2023
2/2
antecedents and that the investigation is complete, as per
submission of the petitioner, this Court for the purposes of grant
of bail is inclined to accept the submissions advanced by the
petitioner’s counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Lakhisarai, in connection with Lakhisarai P.S. Case
No.422 of 2022, subject to the following conditions:
(i) That one of the bailors will be a
close relative of the petitioner who will
give an affidavit giving genealogy as to
how he is related with the petitioner. The
bailor will also undertake to inform the
court if there is any change in the
address of the petitioner.
(ii) That the petitioner will be well
represented on each date and if he fails
to do so on two consecutive dates, his
bail bond will be liable to be cancelled.
PNM
(Madhuresh Prasad, J)
U
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