Md. Sahjad vs State Of Bihar

Heard Mr. Ajay Kumar Thakur, learned counsel along with Ms. Vaishnavi Singh, learned counsel, for the petitioner and Mr. Upendra Kumar,

learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Baruraj PS Case No. 49 of 2020 dated 05.04.2020, instituted under Sections 399/402/414 of the

Indian Penal Code and 25(1-B) (a)/26/35 of the Arms Act.

The allegation against the petitioner is that on secret information that criminals were planning to commit crime, when the police reached and

arrested the accused persons, from the petitioner, motorcycle, one firearm, two cartridges and one mobile phone were recovered.

Learned counsel for the petitioner submitted that he has not been caught committing any offence and the allegation is that the police caught him

before he could commit any offence. It was submitted that after the police had arrested the petitioner in the present case, he has been implicated in

four other cases, but there has been no recovery in any of those cases, except for the present one. Learned counsel submitted that the petitioner is in

custody since 07.04.2020.

Learned APP submitted that the petitioner has criminal antecedent and there is recovery of firearm and cartridges from his possession.

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, Muzaffarpur (East) in Baruraj PS Case No. 49 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.

However, this order is subject to the main application supported by affidavit being e filed in this Court by learned counsel for the petitioner latest by

day after tomorrow.

The application stands disposed off in the aforementioned terms.