Patna High Court
Pankaj Kumar Sah @ Pankaj Kumar vs The State Of Bihar on 3 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 36950 of 2020
Arising Out of PS Case No.-129 Year-2020 Thana- JOGBANI District- Araria
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1. Pankaj Kumar Sah @ Pankaj Kumar, Male, aged about 36 years, Son of
Dilip Sah, Resident of Village- South Maheshwari Ward No.18, PS- Jogbani,
District- Araria.
2. Md. Dabbu @ Dabbu, Male, aged about 30 years, Son of Suleman, Resident
of Village- Haziganj, Ward No.3, PS- Jogbani, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Uday Bhanu Rai, Advocate
For the State : Mr. Md. Arif, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 03-03-2021
The matter has been heard via video conferencing.
2. Heard Mr. Uday Bhanu Rai, learned counsel for the
petitioners and Mr. Md. Arif, learned Additional Public Prosecutor
(hereinafter referred to as the 'APP') for the State.
3. The petitioners are in custody in connection with
Jogbani PS Case No. 129 of 2020 dated 31.07.2020, instituted
under Sections 25(1)(a), (1A)(1B)(a) and 26(1)(2) of the Arms
Act.
4. The allegation against the petitioners is that petitioner
no. 1 was caught trying to run away on a motorcycle with another
who was said to be the petitioner no. 2 and on search, one
Patna High Court CR. MISC. No.36950 of 2020 dt.03-03-2021
countrymade pistol, five cartridges loaded in a pistol was
recovered from the right pocket of trouser of the petitioner no. 1
and two loaded magazine containing six cartridges each from the
left pocket and 43 cartridges in a polythene bag and a pulsar
motorcycle.
5. Learned counsel for the petitioners submitted that
petitioner no. 2 was also arrested the same day from his house, but
nothing was recovered. It was submitted that the petitioners are in
custody since 06.06.2020.
6. Learned APP submitted that there is recovery of
firearms from the petitioner no. 1 who was caught at the spot and
on his information that petitioner no. 2 was the person who had
run away; he has been caught from his house.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
25,000/- (twenty five thousand) each with two sureties of the like
amount each to the satisfaction of the learned ACJM-VI, Araria in
Jogbani PS Case No. 129 of 2020 subject to the conditions (i) that
one of the bailors shall be a close relative of the petitioners, (ii)
that the petitioners and the bailors shall execute bond with regard
to good behaviour of the petitioners, and (iii) that the petitioners
Patna High Court CR. MISC. No.36950 of 2020 dt.03-03-2021
shall also give an undertaking to the Court that they 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 their bail
bonds. The petitioners 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 their bail bonds.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
