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2021 DIGILAW 630 (PAT)

Md Rabbani @ Rabbani v. State Of Bihar

2021-07-13

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing. 2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioner on 08.07.2021, which was allowed. 3. Heard Mr. Uday Kumar, learned counsel for the petitioner and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 4. The petitioner apprehends arrest in connection with Nanpur PS Case No. 237 of 2020 dated 28.06.2020, instituted under Sections 25(1-B)a, 26 and 35 of the Arms Act, 1959. 5. The allegation against the petitioner, based on the confessional statement of co-accused Rajkumar Sahni, who was caught by the police along with firearms, is that he was also in the group which was moving in Raepur Bazar with firearms. 6. Learned counsel for the petitioner submitted that the person who was caught has taken the name of the petitioner without there being any connection or any recovery made from his house. Learned counsel submitted that the petitioner has clean antecedent and furthermore, no incident has occurred and before that the police had caught Rajkumar Sahni and it is alleged that two persons, including the petitioner had managed to run away. 7. Learned APP submitted that the person who was caught with firearms has named the petitioner as one of the persons who was with him. 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Pupri at Sitamarhi in Nanpur PS Case No. 237 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further, (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses and (iv) that the petitioner shall cooperate with the Court and the police/prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to cooperate shall lead to cancellation of his bail bonds. 9. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioner, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner. 10. The application stands disposed off in the aforementioned terms.