Raj Kishore Yadav @ Raj Kishore Yadv @ Kariman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19209 of 2025 Arising out of PS. Case No.-242 Year-2022 Thana- GOH District- Aurangabad ====================================================== Raj Kishore Yadav @ Raj Kishore Yadv @ Kariman Yadav, Son of Baleshwar Yadav Resident of Village- Budhai Khurd, PS- Upahara, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh, Advocate For the Opposite Party/s:
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Goh P.S. Case No. 242 of 2022 instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act. He has seven criminal antecedents.
3. As per the prosecution case, the informant received a secret information that one Vijay Saw has kept illegal arms at his house and there were two notorious criminals namely Kariman Yadav (Petitioner) and Parma Paswan along with him. A raid was conducted and one person was apprehended and he disclosed his name as Vijay Saw and on search one country-made pistol and three live cartridges were recovered, however, two persons namely Kariman Yadav (Petitioner) and Parma Paswan
2/4 managed to escape.
4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case and he was not apprehended at the place of occurrence. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner and no specific overt act has been alleged against him. It is next submitted by learned counsel for the petitioner that the person who was apprehended at the place of occurrence has been granted bail by a Co-ordinate Bench of this Court vide order dated 28.02.2023 passed in Cr. Misc. No. 63253 of 2022, order of the same has been brought on record vide Annexure-P/2. It is lastly submitted that the petitioner was remanded in the present case on 17.10.2024 and since then he is in custody.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of learned counsel and taking into account the fact that the petitioner is in custody since 17.10.2024, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
3/4 Magistrate, Aurangabad in connection with Goh P.S. Case No. 242 of 2022, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner except the above mentioned seven cases and in case at any stage it is found that the petitioner has concealed his criminal antecedent except the above-mentioned seven cases, 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
4/4 purpose of the same or in the name of verification.
7. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Aurangabad within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. (Sourendra Pandey, J) Vikash/- U T