Rajesh @ Langra @ Vishal @ Raj Kumar @ Raj Kumar Yadav vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Gajendra Kumar Jha, learned counsel for the petitioner and Mr. Kalyan Shankar, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

The petitioner is in custody in connection with Gwalpara PS Case No. 213 of 2019 dated 20.11.2019, 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 06.07.2020 in Cr. Misc. No. 20920 of 2020.

The allegation against the petitioner is that he was flashing his firearms and on chase, the police caught him and from his possession a loaded

countrymade single barrel gun was recovered.

Learned counsel for the petitioner submitted that he has been falsely implicated and is in custody since 21.11.2019.

Learned APP submitted that the petitioner was flashing his firearms and further that he has two other criminal cases against him under serious

sections of the Indian Penal Code as well as the Arms Act.

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 I/c Chief

Judicial Magistrate, II, Udakishanganj in Gwalpara PS Case No. 213 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 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.