Preman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7180 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== PREMAN YADAV Son of Dawarika Yadav Resident of Village- Kathokri, P.S.- Warisaliganj, District- Nawada.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Warisaliganj P.S. Case No. 209 of 2018 registered for the offence punishable under Section 25(1-b)a, 26 of the Arms Act.
Allegation is recovery of one country made musket, three cartridges and one missed fire cartridge from Khalihan of Bachhu Yadav.
It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that two cases has been lodged for the same occurrence against petitioner. Nothing has
Patna High Court CR. MISC. No.7180 of 2019(3) dt.28-03-2019 2/3 been recovered from his possession. Petitioner is in custody since 21.07.2018.
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 Chief Judicial Magistrate, Nawada, in connection with Warisaliganj P.S. Case No. 209 of 2018 subject to the conditions that:-
(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to
Patna High Court CR. MISC. No.7180 of 2019(3) dt.28-03-2019 3/3 move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/- U T