Shyam Babu Kumar vs State Of Bihar

Heard Dr. Alok Kumar Alok, learned counsel for the petitioner and Ms. Renu Kumari, learned Additional Public Prosecutor (hereinafter referred to

as the ‘APP’) for the State.

The petitioner is in custody in connection with Ahiyapur PS Case No. 1185 of 2019 dated 01.10.2019 instituted under Sections 399/402/400401/414

of the Indian Penal Code and 25 (1-B)(a)/26/35 of the Arms Act, 1959.

This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 07.01.2020 passed in Cr. Misc. No. 80547 of

2019.

The allegation against the petitioner is that from his house, there was recovery of photocopy of PAN and AADHAR Card of another person, seven

mobiles of different companies, one smart card and one pistol loaded with two live cartridges along with cartridges kept in a bag in the trunk.

Learned counsel for the petitioner submitted that he was not caught at the spot but named by the persons who were caught, as the person who had

run away, and though from him recovery is shown but it was the joint house and not in the exclusive possession of the petitioner. It was submitted that

the petitioner has no criminal antecedent and is custody since 01.10.2019.

Learned APP submitted that there is recovery of firearms from the room of the petitioner and, thus, he cannot plead innocence.

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 Chief

Judicial Magistrate, Muzaffarpur in Ahiyapur PS Case No. 1185 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.