Patna High Court
[email protected] Langra @[email protected] ... vs The State Of Bihar on 17 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38014 of 2020
Arising Out of PS Case No.-213 Year-2019 Thana- GWALPARA District- Madhepura
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Rajesh @ Langra @ Vishal @ Raj Kumar @ Raj Kumar Yadav, aged about 25
years, Gender-Male, Son of Kusho Yadav @ Kuseshwar Yadav, Resident of
Village- Jayram Parsi @ Jairampari, Ward No. 03, PS Gwalpara (Arar OP)
District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Jha, Advocate
For the State : Mr. Kalyan Shankar, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 17-02-2021
The matter has been heard via video conferencing.
2. 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.
3. 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.
4. 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.
5. The allegation against the petitioner is that he was
flashing his firearms and on chase, the police caught him and from
Patna High Court CR. MISC. No.38014 of 2020 dt.17-02-2021
his possession a loaded countrymade single barrel gun was
recovered.
6. Learned counsel for the petitioner submitted that he
has been falsely implicated and is in custody since 21.11.2019.
7. 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.
8. 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
Patna High Court CR. MISC. No.38014 of 2020 dt.17-02-2021
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.
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
