Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15340 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== Santosh Yadav Son of Raj Kumar Yadav Resident of Village- Deonagar, P.S.- Lahan, District- Sirha (Nepal).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Smt. Sahin Begam A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Laukaha P.S. Case No. 212 of 2020, registered for the offence under Section 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of Arms Act. As per the prosecution case, one country-made pistol, Rs. 17,000/- Nepali currency and one car have been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that the car, which has been recovered from the possession of the petitioner, was not the stolen, but the same was purchased after making payment of Rs. 70,000/- (seventy thousand) and petitioner has been arrested only on suspicion. Petitioner is in custody since 05.08.2020, having clean antecedent. Investigation is complete.

Patna High Court CR. MISC. No.15340 of 2021(2) dt.22-07-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned J.M. 1st Class, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 212 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay/- U T