Sujit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.22653 of 2021 Arising Out of PS. Case No.-346 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== SUJIT KUMAR YADAV, SON OF TAPESHWAR YADAV, R/O VILLAGEKAUSHIK DULARPUR, P.S.- ARA MUFFASIL, DISTRICT- BHOJPUR. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Ara Muffasil P.S. Case No. 346 of 2020 registered for the offences punishable under Sections 25(1-b) a, 26 and 35 of the Arms Act. He is in custody since 27.10.2020. Learned counsel for the petitioner submits that as per prosecution story when the police party surrounded the house of the petitioner to nab co-accused Thakur Yadav, one country-made katta has been recovered from the possession of the petitioner. Learned counsel submits that petitioner has no criminal antecedent, he has been falsely implicated and has remained in

Patna High Court CR. MISC. No.22653 of 2021(2) dt.19-08-2021 2/2 custody since 27.10.2020.

Learned A.P.P. for the State is present and has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case, the allegation against the petitioner, the period of custody and that he has no criminal antecedent as also the investigation is complete, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Ara Muffasil P.S. Case No. 346 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.