Naresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25457 of 2018 Arising Out of PS.Case No. -208 Year- 2017 Thana -OBRA District- AURANGABAD ======================================================
1. Naresh Yadav S/o Krishna Yadav, R/o Vill.- Kusha, P.S.- Obra, District- Aurangabad (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. From the house of this petitioner a rifle and cartridges were recovered by the police.
Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot and the FIR would itself reveal that some other persons were there in the house of the petitioner and on getting this information the petitioner had come then they fled away from his house. Hence, it cannot be said that the recovery was made from the house of the petitioner, this might
Patna High Court Cr.Misc. No.25457 of 2018 (2) dt.27-04-2018 P2/ be left by some unknown person who fled away. The petitioner is in custody since 17.12.2017. Investigation of the case is already complete.
Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Obra P.S. Case No.208 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T