Bideo Yadav @ Vidya Nand Yadav @ Vidyanbhushan Yadav@Videv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8780 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== BIDEO YADAV @ VIDYA NAND YADAV @ VIDYANBHUSHAN YADAV @ Videv Yadav, aged 45 years, Male, Son of Late Shiv Nandan Yadav, Resident of village-Asota, P.S. Shambhuganj, district Banka ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 24.07.2018 in connection with Shambhuganj P.S. Case No. 162 of 2018 for the offences alleged under Sections 25(1-b)a and 26 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that on information that in the house of the petitioner some criminals have access, the police conducted a raid and from the bed of the petitioner one country made pistol with four live cartridges were recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. It is, further, submitted that no overt-act has been alleged to have been committed by the petitioner and charge sheet has already been submitted, there being no allegation of tampering with the prosecution witnesses. It is, further, submitted that the

Patna High Court Cr.Misc. No.8780 of 2019(2) dt.15-02-2019 2/2 petitioner is in judicial custody since more than six months. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not have clean antecedent and one more case of similar nature is pending against him.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Shambhuganj P.S. Case No. 162 of 2018 to the satisfaction of the learned Subdivisional Judicial Magistrate, Banka, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T