Uday Singh 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.

Nobody appears on behalf of the petitioner despite Mr. Narsingh Tanti, learned advocate on record for the petitioner having been telephonically informed by the Court Master and he having told that learned senior counsel would assist in the matter. Under the circumstances, the Court has heard Mr. Awadhesh Kumar Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with Tetarhat PS Case No. 142 of 2019 dated 08.12.2019 instituted under Sections 25(1-B)(a) and 26 of the Arms Act.

The allegation against the petitioner is that from his house one countrymade pistol without papers were recovered.

Learned APP submitted that as per the FIR, on secret information that the petitioner was having illegal arms and was dealing in liquor, his house was raided and when the police came there, the petitioner fled away and upon search, one countrymade pistol was recovered. Learned counsel submitted that as per the pleadings, the raid was conducted in the house of the petitioner on 08.12.2019 and recovery was made and he is in custody since 03.01.2020. He further submitted that as per statement made in paragraph no. 3 of the application, the petitioner does not have any other criminal antecedent.

Having considered the facts and circumstances of the case and submissions of learned APP, 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, Lakhisarai in Tetarhat PS Case No. 142 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.