Milan Kumar @ Milan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.41327 of 2017 (2) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41327 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Milan Kumar @ Milan Yadav, Son of Nand Kishore Yadav, resident of Village- Kalouta, P.S.- Gwalpara, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 The petitioner seeks regular bail in connection with Murliganj P.S. Case No. 101 of 2017, registered for offences punishable under Sections 379, 411 and 34 of the Indian Penal Code and Section 25(1-b)A, 26 and 35 of the Arms Act. Allegation against the petitioner and other co-accused is of stealing the cattle and further from possession of petitioner one loaded country made pistol was recovered.

It has been submitted on behalf of the petitioner that he has been made accused in this case only on the basis of suspicion and nothing has been recovered from his possession and he has been in judicial custody since 09.04.2017.

Learned counsel for the State could not controvert the above submission.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.41327 of 2017 (2) dt.07-09-2017 bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case No. 101 of 2017, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T