Ravindra Yadav @ Maharana Pratap Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7987 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Ravindra Yadav @ Maharana Pratap Yadav Son of Anand Rai R/o vill - Mushaharniya ward no. 6, P.S. - Sonbarsa, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sonbarsa P.S. Case No.296 of 2023, lodged on 26.09.2023, under Sections 25(1-b)A/26/35 of the Arms Act.
3. As per the prosecution, the FIR has been lodged against two named accused persons. As per the FIR, recovery of one country-made pistol and two magazines have been made from the possession of co-accused Ramprit Mahto.
4. Learned counsel for the petitioner submits that the name of the petitioner has figured in this case by virtue of disclosure of Ramprit Mahto that the petitioner was also present with him. Counsel for the petitioner submits that nothing has been recovered from possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.7987 of 2024(2) dt.20-02-2024 2/3 is in custody since 29.11.2023 and is accused in one more criminal case, in which he is on bail. Charge sheet has already been submitted.
5. Learned counsel for the State opposes the prayer for bail.
6. Considering the fact that recovery has not been made from the conscious possession of the petitioner, let the petitioner, above named, be granted bail on being satisfied by the trial Court that the petitioner is not absconding in Sonbarsa P.S. Case No.84 of 2023, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi, in connection with Sonbarsa P.S. Case No.296 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.7987 of 2024(2) dt.20-02-2024 3/3 bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T