Anil Kumar Yadav @ Bauna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36563 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -BARIYARPUR District- MUNGER ======================================================

1. Anil Kumar Yadav @ Bauna Son of Binod Yadav, R/o VillageDhanmani Patam, P.S.- Naya Ram Nagar, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 19.04.2017 in connection with Bariyarpur P.S. Case No. 45/2017 for offences punishable under Sections 25(1-B)a/25(1-AC), 25(1B)C/25(1-AA), 26(i)(ii)(iii) of the Arms Act. The prosecution case, as lodged by the police personnel, is that he was telephonically informed that two person have been caught, who were trying to outrage the modesty of women going at the hill for wood. Petitioner was caught by the villagers and thereafter on search one pistol

Patna High Court Cr.Misc. No.36563 of 2017 (2) dt.19-08-2017 2/3 loaded with one cartridge and one another cartridge was recovered from the possession of the petitioner. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, is a railway employee and has been falsely implicated in the aforesaid case by the villagers and the informant. He submits that cases relating to family dispute are pending and are old matters in which either he has been acquitted or on bail. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Bariyarpur P.S. Case No. 45/2017, subject to the condition that both the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of

Patna High Court Cr.Misc. No.36563 of 2017 (2) dt.19-08-2017 3/3 the concerned police station, who will file an affidavit stating their relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T