Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51391 of 2015 ====================================================== Manoj Yadav, Son of Ramjee Yadav, R/o Village- Baharma Dih, P.S. Neem Chak Bathani, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 21-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Neem Chak Bathani P.S. Case No.92 of 2015 registered under Sections 224 and 353 of the Indian Penal Code besides Sections 25(1-b)a and 26 of the Arms Act.

The accusation is recovery of one country made pistol with two live cartridges from the possession of the petitioner whereas the recovery of two country made pistols from the room of the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner was apprehended by the police on mere suspicion and remanded in this case showing the recovery

Patna High Court Cr.Misc. No.51391 of 2015 (2) dt.21-12-2015 2/2 of one country made pistol with two live cartridges from the possession of the petitioner and also the recovery of two country made pistols from the room of the house of the petitioner but it would appear from the seizure list that both the seizure list witnesses are not the resident of the P.O. village. The petitioner is in custody since 09.06.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Gaya, in connection with Neem Chak Bathani P.S. Case No.92 of 2015. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T