Indradeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18125 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Indradeo Yadav Son of Late Bisho Yadav Resident of Golbhatta, P.S.- Barahiya, District - Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Deepak Sahay Jamuar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2022 Heard Mr. Deepak Sahay Jamuar, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP who represents the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is in custody in connection with Lakhisarai (Amahara) P.S. Case No. 39 of 2022 under sections 25(1-B)a/26/35 of the Arms Act.

The allegation in the FIR is that police raided the hut whereafter two persons tried to escape, one of them was the petitioner herein. Upon search, from co-accused Md. Sharauddin a loaded pistol was recovered/seized. As per the FIR, nothing has been recovered/seized

Patna High Court CR. MISC. No.18125 of 2022(2) dt.22-07-2022 2/3 from this petitioner.

Taking into account the aforesaid facts that there is no recovery/seizure from this petitioner, he is in jail since 15.1.2022 (as stated in para-09 of the bail application) and charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail with certain conditions in view of the fact that he has criminal antecedent.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai (Amahara) P.S. Case No. 39 of 2022 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

Patna High Court CR. MISC. No.18125 of 2022(2) dt.22-07-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T