Raj Kumar Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.2252 of 2018 (2) dt.17-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2252 of 2018 Arising Out of PS.Case No. -33 Year- 2017 Thana -JAMHORA District- AURANGABAD ======================================================

1. Raj Kumar Yadav

2. Sri Kant Yadav Both S/o Late Dukhan Yadav R/o Village - Makhara, P.S. Jamhor, District Aurangabad (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Lal Bahadur Singh, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 03.04.2017 in connection with Jamhore P.S. Case No. 33 of 2017 for the alleged offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of one country made pistol loaded with one live cartridge from the possession of the petitioner no. 1 and two live cartridges from the possession of the petitioner no. 2. It is submitted that in fact no recovery has been made from the petitioners who have been arrested merely on suspicion.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 33 of 2017 on the following conditions:-

Patna High Court Cr.Misc. No.2252 of 2018 (2) dt.17-01-2018 (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T