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Patna High CourtCR. MISC./24106/2016allowed

Rambriksh Yadav v. The State Of Bihar

2016-06-01Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24106 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -KAJRA District- LAKHISARAI ====================================================== Rambriksh Yadav, Son of- Late Mangal Yadav, R/o Village- Champa Nagar, P.S.-Kajra, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajnish Chandra For the Opposite Party/s : Mr. Nand Kishore Prasad(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-06-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 25(1-B) (a)/26/35 of the Arms Act. Though the petitioner, besides others, is named in the F.I.R. vide Annexure-1, as an accused, but taking into consideration the fact that no firearm was recovered either from the possession or from the house of the petitioner and further taking into consideration the fact that he is in judicial custody since 05.03.2016, let the above named petitioner be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 3rd Lakhisarai in connection with Kajra P.S. Case No. 7 of 2016 subject to conditions that:

(A) One of the bailors must be government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case

Patna High Court Cr.Misc. No.24106 of 2016 (2) dt.01-06-2016 2/2 the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail-bond of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Birendra Prasad Verma, J) BTiwary/- U T