Ganesh Kumar vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Sanjay Singh, learned counsel for the petitioner and Ms. Renu Kumari, learned Additional Public Prosecutor (hereinafter referred to as

the ‘APP’) for the State.

The petitioner is in custody in connection with Digha PS Case No. 173 of 2020 dated 14.03.2020, instituted under Sections 25(1-B)(a) and 26 of the

Arms Act, 1959.

This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 03.07.2020 in Cr. Misc. No. 20896 of 2020.

Learned counsel for the petitioner submitted that there is one other case under the Arms Act but that is because of some dispute with the neighbour

where he has been falsely implicated and in the present case also, there is recovery of one countrymade pistol. Learned counsel submitted that the

petitioner is in custody since 15.03.2020.

Learned APP submitted that a foreign pistol was recovered from the petitioner.

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 Chief

Judicial Magistrate, Patan in Digha PS Case No. 173 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.

The application stands disposed off in the aforementioned terms.