Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22118 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Pankaj Yadav S/o Late Raghu Yadav, Resident of village- Karaila, P.S. Madhusudanpur, District Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Davendra Kumar Pandey, Advocate. For the Opposite Party : Mr. Anuradha Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nathnagar P.S. Case No. 15 of 2016 registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

Allegedly, from possession of the petitioner loaded country made pistol, Samsung mobile were recovered and the petitioner is in custody since 11.01.2016.

Submission is of false implication and that nothing has been recovered from the conscious possession of the petitioner, he has been made victim of police atrocities, he is involved in other cases, wherein he is on bail, except Nathnagar P.S. Case No. 07 of 2016, in Kajraily P.S. Case No. 60/1997 he

Patna High Court Cr.Misc. No.22118 of 2016 (3) dt.04-07-2016 2/2 has already been acquitted, co-accused Dinesh Tanti has already been allowed bail vide Cr. Misc. No. 20384 of 2016 and as such the petitioner deserves sympathetic consideration to which the learned A.P.P. opposes.

In the facts and circumstances stated above, considering the detention of the petitioner and further charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1st, Bhagalpur in connection with Nathnagar P.S. Case No.15 of 2016, subject to conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Amit/- U