Monu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.46480 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46480 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ====================================================== Monu Yadav S/O Awadh Bihari Singh Resident of village Moula Bagh, P.S. Ara, Nawada , District Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Ara Nawada P.S.Case No.84 of 2017, registered for offences punishable under Sections 25(1-b)a/26/35 of the Arms Act. Allegation against the petitioner is about recovery of two katta and one cartridge from the possession of the petitioner. Submission of the learned counsel for the petitioner is that they have been recovered from the joint house and not from the conscious possession of the petitioner and the petitioner is in custody for more than six months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty

Patna High Court Cr.Misc. No.46480 of 2017 (2) dt.20-09-2017 Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhojpur at Ara in connection with Ara Nawada P.S.Case No.84 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

(iv) Further condition that till conclusion of the trial of this case, he will make his attendance before the concerned Police Station of the area in the first week of every month, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T