Dinesh Kumar Yadav @ Chhoti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12358 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar * ====================================================== DINESH KUMAR YADAV @ CHHOTI, aged about 19 years, Male, Son of Late Surendra Kumar Yadav/Singh, Resident of Dalsagar, P.S. Buxar (Ind.), Distt - Buxar ... Petitioner

Versus

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

For the Petitioner :

Mr. Dr. Kamal Deo Sharma, Adv.

For the Opposite Party :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 24.12.2018 in connection with Buxar (Ind.) P.S. Case No. 261 of 2018 for the offences alleged under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that on secret information that some miscreants armed with weapons are fighting and abusing each other, the police reached the place of occurrence and apprehended two persons, including the petitioner, while three named in the first information report along with 4-5 other persons managed to flee away. On search, from the pocket of the apprehended coaccused, Tilak Singh @ Golu Kumar, one country made pistol

Patna High Court CR. MISC. No.12358 of 2019(2) dt.28-02-2019 2/3 and two live cartridges were recovered and from the possession of the petitioner one mobile was recovered. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, no incriminating article has been recovered from his possession and he is languishing in judicial custody since more than two months. Petitioner undertakes to cooperate in the investigation not to induce witnesses or tamper with the prosecution case.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and one more case under the Arms Act is pending against him and the scuffle was between two groups for arms and ammunitions.

Considering the nature of allegations and the materials on record and that no arms and ammunitions has been recovered from the possession of the petitioner, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Buxar (Ind.) P.S. Case No. 261 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to the following conditions :

Patna High Court CR. MISC. No.12358 of 2019(2) dt.28-02-2019 3/3 (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T