Research › Search › Judgment

Patna High Court · body

2021 DIGILAW 703 (PAT)

Rajesh Kumar, Male v. State Of Bihar

2021-07-28

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing. 2. Heard Mr. Pramod Kumar, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 3. The petitioner is in custody in connection with Danapur PS Case No. 45 of 2020 dated 16.01.2020, instituted under Sections 25(1-B)a, 26 and 35 of the Arms Act, 1959. 4. This is the second attempt for bail by the petitioner as earlier such prayer was rejected by judgment and order dated 03.07.2020 passed in Cr. Misc. No. 20904 of 2020. 5. As per the allegation, a loaded countrymade pistol along with a magazine having five live cartridges have been recovered from the possession of the petitioner. 6. Learned counsel for the petitioner submitted that he has no criminal antecedent and is in custody since 17.01.2020. Further, it was submitted that other co-accused who were also arrested along with the petitioner and from them also there was recovery of firearms, have been granted bail by the Court below itself. 7. Learned APP submitted that from the petitioner, there is recovery of countrymade pistol and live cartridges. 8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let 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 Judicial Magistrate-1st Class, Danapur in Danapur PS Case No. 45 of 2020 subject to the conditions (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, and (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. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds. 9. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also 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 petition stands disposed off in the aforementioned terms.