1. Leave granted.
2. First Information Report No.295/2018 dated 16.07.2018
had been lodged against the appellant at Police Station
Dumrao, Buxar, under Sections 25(1b)(a) and 26 of the Arms
Act, 1959. On an application for bail being moved, the
High Court directed that the appellant be released on bail
“after completion of nine months of custody” on furnishing
a bail bond of Rs.20,000/-(Twenty Thousand) with two
sureties each in the like amount to the satisfaction of the
trial court where the case was pending.
3. The appellant is in custody since 16th July,2018. We
are of the view that the learned Single Judge of the High
Court has furnished no reason whatsoever for issuing a
direction for deferment of bail by a period of nine months.
Such a direction was unsustainable.
4. In pursuance of the notice being issued by this Court
on 7th January, 2019, learned Standing Counsel for the
State of Bihar has appeared in these proceedings. He has
submitted that the appellant may be directed to remain in
custody for a period of nine months having regard to the
sentence of possible imprisonment.
5. We find no merit in the submissions.
6. In the circumstances, we order and direct that the
appellant be released on bail on the terms and conditions,
as determined by the High Court in its impugned order dated
20th September, 2018, except for the direction that the
release shall be after completion of nine months of
custody, which is set aside.
4. The appeal is accordingly disposed of. Pending
application, if any, shall stand disposed of.
[Dr. DHANANJAYA Y. CHANDRACHUD]
New Delhi; 28th January, 2018.
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