Diwakar Yadav vs State Of Bihar

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Ghoswari PS Case No. 85 of 2018 dated 07.12.2018 instituted under Sections 25(1- B)(a)/26 of the Arms Act.

The petitioner is accused of possessing firearms and live cartridge.

Learned counsel for the petitioner submitted that though he has criminal antecedent but in the present case the allegation is of recovery of one contrymade pistol and live cartridge. Learned counsel submitted that the petitioner is not a habitual criminal and because of his past history, it may be that for his own protection is compelled to move with firearms. It was further submitted that there is no allegation of the petitioner having committed any overt or criminal act with the arms recovered and that he is in custody since 08.12.2018.

Learned APP submitted that the petitioner has criminal antecedent of many cases under the Arms Act.

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 concerned Judicial Magistrate 1st Class, Barh in Ghoswari PS Case No. 85 of 2018. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. 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.

The application stands disposed off in the aforementioned terms.