Vinod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62008 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Vinod Yadav, S/o Munna Yadav, R/o Vill.- Bimpalli, P.S.- Bihiya, Dist.- Bhojpur present R/o village- Nanaghar Shahpur, P.S.- Shahpur, DistrictBhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s : Sri H. Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Sahpur Police Station Case No. 105 of 2016 registered for offences under sections 25(1-AA), 25 (1-b)a, 25(1-b)c, 26 (1), 26(2)/35 of the Arms Act.
It has been submitted that on secret information, the police party visited at the place of co-accused Rajendra Sharma and on search, a large number of arms and ammunition including AK-47 and tools for manufacturing the fire arms were recovered as per seizure list from his house. The police apprehended Rajendra Sharma who disclosed the name of three accused persons including this petitioner and stated that the said country made AK47 fire arms was given to him by this petitioner. The petitioner is
Patna High Court Cr.Misc. No.62008 of 2017 (3) dt.23-01-2018 2/2 resident of different village. He was neither apprehended at the spot nor any incriminating has been recovered from his possession. The petitioner has been remanded in this case from other case and is in custody since 17.04.2017. Considering the facts and circumstances of the case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Ara in connection with Sahpur Police Station Case No. 105 of 2016, 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.
(iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. Mahesh/- (Sanjay Kumar, J) U T