Nawal Yadav @ Nawal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11222 of 2015 Arising Out of P. S.Case No. -71 Year- 2014 Thana -KHUSRUPUR District- PATNA ====================================================== Nawal Yadav @ Nawal Rai Son of Sahdev Yadav @ Sakaldeo Rai resident of village - Belthan Bakhtiyarpur, Police Station - Bakhtiyarpur, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Prasad, Adv. For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 06-05-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 307 and 353 of IPC and 25(1-b)A/26/27/35 of the Arms Act and 3 / 4 of Explosive Substance Act.

Allegation is that the petitioner and others assembled to commit the cognizance offence and after seeing the police party they started firing and they were apprehended by the police on the spot. One pistol and four live cartridges were recovered from the possession of the petitioner.

It is submitted that no person was injured and in similar facts and circumstances, other co-accused have been granted bail vide Cr. Misc. No. 40062 of 2014 and its analogous

Patna High Court Cr.Misc. No.11222 of 2015 (2) dt.06-05-2015 2/2 cases.

Learned counsel for the State has submitted that those persons have no criminal antecedent, whereas, the petitioner has criminal antecedent.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, Patna/court concerned in Khusrupur P. S. Case No. 71 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T