Shane Ali @ Md. Shane Ali @ Sane Ali @ Pappu 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. Shadab Akhter, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.

The petitioner is in custody in connection with Imamganj PS Case No. 171 of 2019 dated 11.09.2019 instituted under Sections 25(1-B)(a) and 26(2) of the Arms Act.

The allegation against the petitioner is that from his possession, a countrymade sixer without cartridge has been recovered.

Learned counsel for the petitioner submitted that he has no criminal antecedent and is in custody since 11.09.2019. It was further submitted that the police had gone on secret information to arrest co-accused Anzar Mian, who upon his arrest, had taken the name of the petitioner and one Intekhab Alam as his accomplices. It was submitted that though it is alleged that a countrymade sixer has been recovered from the possession of the petitioner, the same has been planted on him due to extraneous considerations. It was further submitted that as the petitioner is aged about 20 years and a student, with the objective to spoil his future and career, he has been implicated in the case. It was submitted that co-accused Anzar Mian and Intekhab Alam have been granted bail.

Learned APP submitted that as per the allegation, a countermade sixer, though without cartridge, has been recovered 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 Additional Sessions Judge II, Gaya, District Gaya in Imamganj PS Case No. 171 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.