Budhu Yadav @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18841 of 2020 Arising Out of PS. Case No.-1114 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== Budhu Yadav @ Anil Kumar Son of Late Sant Kumar Singh Resident of Village - Kuraich Mahaveer Asthan, Police Station - Sasaram, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Choubey Jawahar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-06-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. This relates to grant of bail in Sasaram (Town) P.S. Case No. 1114 of 2019, registered for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1b)A/26/35 of the Arms Act. As per First Information Report, there is recovery of one mobile of Samsung company and a country-made pistol alongwith two live cartridges of .315 bore from the petitioner. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious possession of petitioner and he has falsely been implicated in this case. It is further submitted

Patna High Court CR. MISC. No.18841 of 2020(2) dt.05-06-2020 2/2 that co-accused Saheb @ Om Prakash Yadav has already been granted bail by this Court, vide Cr.Misc. No. 14908 of 2020. The petitioner is in custody since 25-12-2019. In this case, chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 1114 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T