Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43073 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -GHOSBARI District- PATNA ======================================================

1. Upendra Yadav, Son of Ram Ishwar Yadav, Resident of VillageGosaigaon, Police Station- Ghoswari, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Ghoswari P.S. Case No. 30/2016, disclosing offences under Sections 25(1-B)A, 27 and 35 of the Arms Act. Allegedly, the petitioner was carrying two country made guns, which the informant snatched from his possession to prevent any eventuality. The informant thereafter brought the said illegal firearm to the police station for legal seizure. Learned counsel for the petitioner is correct in his submission that on the basis of allegation made in the First Information Report, no offence is made out under Sections 25(1B)A and 27 of the Arms Act. The offence, which can be made out on the basis of what has been alleged in the F.I.R., is punishable

Patna High Court Cr.Misc. No.43073 of 2017 (2) dt.20-09-2017 2/2 under Section 37 of the Arms Act, which is balaible in nature. However, since such Sections of the Arms Act, which are not bailable, have been mentioned in the F.I.R., the petitioner has genuine apprehension of arrest.

Considering the facts aforesaid, this application is allowed. Let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Barh Patna in connection with Ghosawri P.S. Case No. 30/2016, subject to the condition laid down under Section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Rakhi U T