An accused is entitled to bail if there is no recovery from him and he has no criminal antecedents.

Headnote:
BAIL - ARMS ACT - SECTION 25(1-BA) - BAIL GRANTED - NO RECOVERY FROM THE PETITIONER - CO-ACCUSED WAS FOUND IN POSSESSION OF A LOADED COUNTRY MADE PISTOL - PETITIONER WAS FOUND IN POSSESSION OF A MOBILE PHONE - NO CRIMINAL ANTECEDENTS - NO APPREHENSION OF ABSCONDING - BAIL GRANTED.
Fact of the Case:

The petitioner was arrested in connection with Satgawan P.S. Case No. 49 of 2021, registered under Sections 25(1-Ba), 26 and 35 of the Arms Act. It was alleged that on 13.06.2021, Satgawan Police intercepted the petitioner and the co-accused near Madhopur Bridge and on search, one loaded country-made pistol was recovered from the possession of the co-accused and one mobile phone was recovered from the possession of the petitioner.
Finding of the Court:

The court found that there was no recovery from the petitioner and the co-accused was found in possession of a loaded country-made pistol. The petitioner was found in possession of a mobile phone. The court also noted that the petitioner had no criminal antecedents and there was no apprehension of absconding.
Issues: Whether the petitioner should be granted bail.
Ratio Decidendi: The court held that the petitioner was entitled to bail as there was no recovery from him and he had no criminal antecedents.
Final Decision: The court granted bail to the petitioner on furnishing bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Koderma.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 13187 of 2021

Gautam Verma @ Gautam Kumar

…

… Petitioner

- Versus -

The State of Jharkhand

...

…

Opposite Party

------

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

-----

For Petitioner : Mr. Randhir Kumar, Advocate

For the State : Mr. Rakesh Ranjan, A.P.P

---

The matter was taken up through Video Conferencing. Learned counsel for

the parties had no objection with it and submitted that the audio and video

qualities are good.

03/03.01.2022

Heard the parties.

Petitioner has been made an accused in connection with

Satgawan P.S. Case No. 49 of 2021, registered under Sections 25(1-Ba), 26

and 35 of Arms Act, pending in the Court of learned Judicial Magistrate,

1^st Class, Koderma.

It is alleged that on 13.06.2021 Satgawan Police intercepted

the petitioner and the co-accused near Madhopur Bridge and on search one

loaded country made pistol was recovered from the possession of the co-

accused and one mobile phone was recovered from the possession of this

petitioner.

Regard being had to the facts and circumstance of the case,

the petitioner named above, is directed to be released on bail on furnishing

bail bond of Rs. 20,000/- (Twenty Thousand only) with two sureties of the

like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class,

Koderma, in connection with Satgawan P.S. Case No. 49 of 2021.

(Ambuj Nath, J.)

Saurabh

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