Vidya Nand Yadav @ Vidha Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5313 of 2022 Arising Out of PS. Case No.-291 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Vidya Nand Yadav @ Vidha Nand Yadav Son Of Brijdeo Rai Resident Of Village- Mahmmadpur, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-08-2022 Learned counsel for the petitioner is directed to remove all the defects as pointed out by the office. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the state.

The petitioner in the present case is seeking regular bail in connection with Paroo P.S. Case No. 291 of 2020 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. He has got 9 criminal antecedents apart from the present case. In paragraph '3' of the application, it is stated that the petitioner is on bail in all those cases. He is in custody in connection with this case since 22.05.2020. Learned counsel for the petitioner submits that earlier the prayer for bail was rejected by this Court vide order dated 16.07.2021 in Cr. Misc. No. 2125 of 2021 after noticing that the petitioner had been arrested with a loaded country-made pistol

Patna High Court CR. MISC. No.5313 of 2022(2) dt.24-08-2022 2/3 and 10 live cartridges and has got 9 criminal antecedents, however, at this stage, the petitioner has got bail in all the other cases and so far as the present case is concerned, he has remained in custody for 27 months. Learned APP for the State does not dispute the submissions to the extent that the petitioner is in custody in connection with this case for about 27 months. Considering the facts and circumstances of the case, the submission that the petitioner is on bail in all other cases and in connection with this case, he has already spent more than 2 years in custody, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 3rd, (West) Muzaffarpur in connection with Paroo P.S. Case No. 291 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in

Patna High Court CR. MISC. No.5313 of 2022(2) dt.24-08-2022 3/3 terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.

Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.