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Patna High CourtCR. MISC./13669/2020allowed

Dhamendra Yadav v. The State Of Bihar

2020-03-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13669 of 2020 Arising Out of PS. Case No.-414 Year-2019 Thana- BIHPUR District- Bhagalpur ====================================================== DHAMENDRA YADAV, S/o Late Chhote Yadav, Resident of VillageAguwani Dumariya, P.S. - Parbatta, Distt. - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Submission is that only two live cartridges were allegedly recovered from possession of the petitioner. The alleged recovery was planted because firearm was recovered from possession of co-accused. Petitioner has stated on oath that he has got no criminal antecedent. Petitioner is in custody since 10.11.2019. Investigation of the case is already complete against the petitioner.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.13669 of 2020(2) dt.03-03-2020 2/2 like amount each to the satisfaction of learned Court below where the case is pending in connection with Bihpur Police Station Case No. 414 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T