Habibullah Ansari vs The State of Jharkhan

Pradeep Kumar, J.—Heard learned Counsel for the Petitioner and learned Counsel for the State.

This is an application for grant of regular bail to the Petitioner for the offence under Sections 25(1B)A/26 of the Arms Act.

It is submitted by learned Counsel for the Petitioner that the Petitioner was arrested on 18.08.2010 and a country made revolver loaded with three live cartridges was recovered from his possession. It is further submitted by learned Counsel for the Petitioner that the Petitioner is a handicapped person and he has got no criminal antecedent and as such he may be enlarged on bail.

Learned Counsel for the State has opposed the prayer for bail and submitted that earlier criminal antecedent report of the Petitioner was called for in which it has been stated that the Petitioner has got no criminal antecedent.

In the facts and circumstance of the case as there is no criminal antecedent of the Petitioner and the Petitioner has remained in custody for about four months, the Petitioner, above named, is directed to be released on bail, on furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Lohardaga in connection with Kisko P.S. Case No. 43 of 2010 corresponding to G.R. No. 367 of 2010 subject to the condition that the bailors must be local residents having property within the jurisdiction of the Court concerned.