Sampoo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6306 of 2019 Arising Out of PS. Case No.-216 Year-2013 Thana- MUNGER MUFFASIL District- Munger ====================================================== Sampoo Yadav age 35 years, Gender Male, S/o Jalo Yadav, Resident of Village- Mai Tafir Karari Tola, P.S.- Muffasil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan, adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 25((1-a), 25(1-aa) 25(1-b) ac and 26(I)(II)(III) and 35 of the Arms Act and Section 124(a) and 120(B) of the Indian Penal Code and Section 16, 18, 20, and 25 of the Unlawful Activities (Prevention) amendment Act, 2004.

Prosecution case in short is that on 30.04.2013 the informant got secret information about running of illegal Gun Factory at Village Bardah and on such information he raided the place of occurrence alongwith other police officials. On seeing the police party some person started fleeing away but on chase four persons were apprehended who disclosed their names

Patna High Court CR. MISC. No.6306 of 2019(3) dt.11-03-2019 2/3 and the associates who managed their escape. From the place of occurrence huge number of manufactured, semi manufactured fire arms and tools and apparatus were recovered. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been recovered from the possession of the petitioner. Similarly placed co-accused have been granted bail by co-ordinate bench of this court as contained in Annexure-2 series of this petition. Petitioner is in custody since 28.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Muffasil P.S. Case No. 216 of 2013, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the

Patna High Court CR. MISC. No.6306 of 2019(3) dt.11-03-2019 3/3 court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T