Ajay Kumar @ Ajay Sharma vs The State Of Bihar
2021 Latest Caselaw 4901 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No. 37678 of 2021
       Arising Out of PS. Case No.-46 Year-2021 Thana- GAYA KOTWALI District- Gaya
   ======================================================

Ajay Kumar @ Ajay Sharma, aged about 51 years, Male Son of Sri Chandrabhusan Sharma, Resident of AP Colony, PS- Rampur, District - Gaya.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Senior Advocate with Mr. Lakshmi Kant Sharma, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-10-2021

The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner, which was

allowed.

2. Heard Mr. Ramakant Sharma, learned senior counsel

along with Mr. Lakshmi Kant Sharma, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Gaya Kotwali PS Case No. 46 of 2021 dated 04.02.2021,

instituted under Sections 25(1-B)a, 26 and 35 of the Arms Act,

1959.

Patna High Court CR. MISC. No.37678 of 2021 dt.07-10-2021

4. The petitioner, though not named in the FIR has been

made an accused on the basis of confessional statement of co-

accused, who was caught, that earlier he had sold a firearm to the

petitioner.

5. Learned counsel for the petitioner submitted that on

such flimsy and extraneous ground making the petitioner an

accused is clearly abuse of the process of the Court. It was

submitted that the petitioner has no criminal antecedent and has

never been party to any illegal transaction, much less in firearm.

6. Learned APP could not controvert the fact that the

petitioner has been made accused later on only on the basis of

such statement of co-accused that earlier he had sold a firearm to

him.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in view of

the petitioner being implicated only on the ground that the arrested

accused had said that earlier he had sold firearm to him and he

having no criminal antecedent, the Court is inclined to allow the

prayer for pre-arrest bail.

8. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the petitioner be

released on bail upon furnishing bail bonds of Rs. 25,000/-

Patna High Court CR. MISC. No.37678 of 2021 dt.07-10-2021

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned Chief Judicial Magistrate, Gaya

in Gaya Kotwali PS Case No. 46 of 2021, subject to the conditions

laid down in Section 438(2) of the Code of Criminal Procedure,

1973 and further, (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.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions by the petitioner, to the

notice of the Court concerned, which shall take immediate action

on the same after giving opportunity of hearing to the petitioner.

Patna High Court CR. MISC. No.37678 of 2021 dt.07-10-2021

10. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T