Govind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18578 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Govind Yadav Son Of Late Rambalak Yadav R/O-Chhoti Dihlahi @ Dilahi, Nayanagar, P.S.-Vishanpur, Distt.-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Surya Roy, Advocate For the State :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dalsingsarai P.S. Case No. 387 of 2023 instituted for the offence under Sections 414, 411 & 34 of the Indian Penal Code and Sections 25(1-B)A, 26 & 35 of the Arms Act.

3.

Prosecution case in short is that two accused persons were intercepted by the police. On search one country made pistol was recovered from co-accused, namely, Chandan Kumar. It is further alleged that there is recovery of two mobile phones from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-09-2023. Petitioner is

Patna High Court CR. MISC. No.18578 of 2024(2) dt.14-03-2024 2/3 stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge-sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dalsingsarai P.S. Case No. 387 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.18578 of 2024(2) dt.14-03-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T