Vindhyachal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20136 of 2021 Arising Out of PS. Case No.-157 Year-2020 Thana- SIKARHATTA District- Bhojpur ====================================================== Vindhyachal Yadav Son Of Shri Kisun Yadav R/O Village- Kolodihari P.S.- Chauri Distt.- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 30a of Bihar Prohibition and Excise Act and section 25/28/35 of the Arms Act.

As per the prosecution case, a loaded country made pistol has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Investigation is complete. Petitioner has claimed clean antecedent and he is in custody since 22.11.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.20136 of 2021(2) dt.23-07-2021 2/2 the case and the period of custody of the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV cum Special Judge, Excise Act, Bhojpur at Ara in Excise case no. 1775 of 2020, Chandi Police Station Case No. 157 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T