Ranjeet Kumar @ Nathu @ Natu Yadav @ Natu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23994 of 2019 Arising Out of PS. Case No.-557 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== RANJEET KUMAR @ NATHU @ NATU YADAV @ NATU Son of Late Sheochan Yadav @ Shiv Bachan Yadav Resident of Mohalla-Rampur, Ward No.31, P.S-Rampur, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 03.10.2018 in connection with Sherghati (Dobhi) P.S. Case No. 557 of 2018 for offences punishable under Sections 25(1-b) a, 26, 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that on secret information that some criminals are obstructing vehicles, the police reached the place and found a Pulsar motorcycle driven by co-accused, who managed to flee away but the petitioner and another co-accused Vikash Kumar were apprehended. On search, one country-made pistol with one live cartridge was recovered from the possession of the

Patna High Court CR. MISC. No.23994 of 2019(2) dt.17-04-2019 2/3 petitioner and from the possessions of another co-accused one country-made pistol with one live cartridge was recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that no overt act has been alleged against the petitioner and charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent, is a habitual offender and four more cases of road robbery and under the Arms Act are pending against him, which the counsel for the petitioner submits that in all the cases he has been granted the privilege of bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati (Dobhi) P.S. Case No. 557 of 2018, subject to the following conditions :

Patna High Court CR. MISC. No.23994 of 2019(2) dt.17-04-2019 3/3 1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

3.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T