Sourav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10906 of 2022 Arising Out of PS. Case No.-108 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== SOURAV YADAV Son of Shyamnandan Yadav @ Shyamnand Yadav Resident of Village - Tetarahi, P.S.- Jankinagar, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Jankinagar P.S. Case No. 108 of 2021 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 22.10.2021.

The allegation against the petitioner is to have in possession of one country made pistol.

Learned counsel appearing on behalf of the petitioner submitted that the alleged fire arms have been recovered from Safari car parked in the premises of house of the petitioner, as

Patna High Court CR. MISC. No.10906 of 2022(2) dt.05-07-2022 2/3 such, it cannot be said that recovery has been made from the conscious physical possession of the petitioner. It has further been submitted that the petitioner is involved in 05 cases, in all those cases, he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged recovery has been made from Safari car.

Considering the facts and circumstances as mentioned above, as alleged recovery cannot be said from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Jankinagar P.S. Case No.108 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea, subject to the following conditions:

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the

Patna High Court CR. MISC. No.10906 of 2022(2) dt.05-07-2022 3/3 Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Shyamnandan Yadav @ Shyamanand Yadav, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S. Sen/- U T