Adhir Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.15752 of 2017 (2) dt.21-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15752 of 2017 Arising Out of PS.Case No. -337 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Adhir Yadav son of Sita Yadav Resident of Village - Falhanwan, P.S. - Harnaut, District - Nalanda.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Harnaut P.S. Case No. 337 of 2016 registered for the offences punishable under Sections 399, 402, 212 of the Indian Penal Code and Sections 25(1-b)a, 26(ii), 35 of the Arms Act.

Allegedly, 8 persons were apprehended including the petitioner when they were going to commit dacoity with firearm and from possession of the petitioner Bolero vehicle and one mobile were recovered.

Submission is of false implication and that nothing has been recovered from possession of the petitioner, the petitioner is the registered owner of the Bolero vehicle, he was going with other persons who have hired the vehicle, the petitioner was not

Patna High Court Cr.Misc. No.15752 of 2017 (2) dt.21-04-2017 knowing that they were having firearms and they are criminals. The petitioner has no connection with those co-accused and as such the petitioner deserves sympathetic consideration as he is suffering in custody since 02.01.2017.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda in connection with Harnaut P.S. Case No. 337 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T