Pankaj Kumar Sah @ Pankaj Kumar And Anr vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Uday Bhanu Rai, learned counsel for the petitioners and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as

the ‘APP’) for the State.

The petitioners are in custody in connection with Jogbani PS Case No. 129 of 2020 dated 31.07.2020, instituted under Sections 25(1)(a), (1A)(1B)

(a) and 26(1)(2) of the Arms Act.

The allegation against the petitioners is that petitioner no. 1 was caught trying to run away on a motorcycle with another who was said to be the

petitioner no. 2 and on search, one countrymade pistol, five cartridges loaded in a pistol was recovered from the right pocket of trouser of the

petitioner no. 1 and two loaded magazine containing six cartridges each from the left pocket and 43 cartridges in a polythene bag and a pulsar

motorcycle.

Learned counsel for the petitioners submitted that petitioner no. 2 was also arrested the same day from his house, but nothing was recovered. It

was submitted that the petitioners are in custody since 06.06.2020.

Learned APP submitted that there is recovery of firearms from the petitioner no. 1 who was caught at the spot and on his information that

petitioner no. 2 was the person who had run away; he has been caught from his house.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail

upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned

ACJM-VI, Araria in Jogbani PS Case No. 129 of 2020 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioners, (ii)

that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners, and (iii) that the petitioners shall also give an

undertaking to the Court that they 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 their bail

bonds. The petitioners 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 their bail bonds.

The application stands disposed off in the aforementioned terms.