Mahendra Yadav @ Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51332 of 2014 Arising Out of PS.Case No. -49 Year- 2014 Thana -MASAURHI District- PATNA ====================================================== Mahendra Yadav @ Mahendra Prasad S/o Ramishwar Prasad R/o Village Matauraha, P.S. Masaurhi, District Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Dr. Ravindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Masaurhi P.S. Case No. 49 of 2014 registered for offence under section 25(1-b)a/26/35 Arms Act. A country made pistol along with 14 live cartridges were recovered under the straw kept in the Varamda of the petitioner. The counsel for the petitioner submits that recovery has not been made from his conscious possession and he, having no criminal history, is in custody since 16th August 2014. Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.51332 of 2014 (2) dt.03-03-2015 2/2 sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 49 of 2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U