Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29198 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- GURUA District- Gaya ====================================================== JITENDRA YADAV S/o Deochandra Yadav @ Devchandra Yadav R/o village- Naugarh, P.S.- Amas, District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Akhilesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 17-06-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Gurua P.S. Case No. 214/2020 registered for the offence punishable under Sections 25(1-B)a, 26 Arms Act. Allegation is recovery of one loaded country made pistol, two cartridges and one empty cartridge from the pocket of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this. Petitioner is in custody since 21.09.2020.

In view of recovery of one loaded country made

Patna High Court CR. MISC. No.29198 of 2021(2) dt.17-06-2021 2/3 pistol, two cartridges and one empty cartridge from the pocket of petitioner, I am not inclined to grant bail to him at this stage. Accordingly the prayer for bail of the petitioner is rejected. However, after one year of custody, the petitioner would be enlarged on bail by the court below itself on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned I/c A.C.J.M., Sherghati, Gaya, in connection with Gurua P.S. Case No. 214 of 2020 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers

Patna High Court CR. MISC. No.29198 of 2021(2) dt.17-06-2021 3/3 with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veenaU T