Rambhaju Yadav @ Rambhajju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45342 of 2017 Arising Out of PS.Case No. -112 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Rambhaju Yadav @ Rambhajju Yadav R/o village Rewada P.S. Barachatti Dist. Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 25(1-b), 26 and 35 of the Arms Act.

Counsel for the petitioner submits that only one country made pistol is said to have been recovered from his possession. He further submits that keeping in view the criminal history he has falsely been implicated in the instant case. The charges have been framed hence there is no chance of tampering the evidence and he is in jail custody since 25.11.2016. Considering the aforesaid facts and circumstance of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court Cr.Misc. No.45342 of 2017 (3) dt.20-09-2017 2/2 like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati, Gaya in Sherghati P.S. Case No. 112 of 2016 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter, the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T