Md. Samshad vs State Of Bihar

Ahsanuddin Amanullah, J

The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Heard Mr. Vijay Kumar Sinha, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with Parsa Bazar PS Case No. 354 of 2019 dated 21.09.2019 instituted under Sections 25(1-B)(a) and 26 of the Arms Act.

The allegation against the petitioner is that from his possession one loaded countrymade pistol was recovered.

Learned counsel for the petitioner submitted that the police had conducted a raid at the residence of Pancham Kumar in connection with Parsa Bazar PS Cases No. 351 and 352 of 2019. It was submitted that Pancham Kumar took the name of Ajay Kumar @ Santu as his accomplice and when the police arrested Ajay Kumar @ Santu, he informed about the petitioner also being a member of the gang. Learned counsel submitted that thereafter the police arrested the petitioner and it is alleged that from his custody a loaded countrymade pistol was recovered. Learned counsel submitted that after his arrest in the present case, the police has also made him accused and remanded him in Parsa Bazar PS Cases No. 351 and 352 of 2019, but prior to that he had no other criminal antecedent. Learned counsel submitted that the petitioner is in custody since 18.10.2019

Learned APP submitted that from the petitioner, there has been recovery of a loaded countrymade pistol.

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 ACJM-VIII, Patna in Parsa Bazar PS Case No. 354 of 2019 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 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.