Sonu Kumar Yadav @ Sonu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3950 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- TEYAR District- Bhojpur ====================================================== SONU KUMAR YADAV @ SONU KUMAR SINGH Son of Pawan Kumar Yadav, Resident of Village and P.O.- Hetampur, P.S. - Tiyar, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Maya Shankar Mishra For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Tiyar P.S. Case No. 61/2021 registered for offence punishable under section 414 of the Indian Penal Code and sections 25(1-b)A, 26, 35 of the Arms Act.

As per allegation, the arms and ammunitions detailed in the FIR, were recovered from the house of co-accused Md. Muslim. The petitioner was also arrested at the spot. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.3950 of 2022(2) dt.01-06-2022 2/3 that the seized articles do not belong to the petitioner and the petitioner is under custody since 10.09.2021. He has submitted further that although one criminal history of Tiyar P.S. Case No.18/2021 is against the petitioner, but it was not for the similar offence, rather it related to pattidari dispute and it was registered under sections 147, 148, 341, 323, 504, 506, 379, 325, 307 of the Indian Penal Code.

Considering the facts and circumstances as well as the period of custody, the petitioner above-named is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhojpur at Ara in connection with Tiyar P.S. Case No.61/2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.3950 of 2022(2) dt.01-06-2022 3/3 (iii) The petitioner shall be released on bail only after verification of his criminal antecedent. If any other case is pending against him except Tiyar P.S. Case No. 18/2021, he shall not be released on bail.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T