Shambhu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.56944 of 2017 (2) dt.08-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56944 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -KHAIRA District- JAMUI ====================================================== Shambhu Yadav, Son of Mahendra Pd. Yadav, Resident of Village Amba, P.S. Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khaira P.S. Case No. 36 of 2017, registered under Sections 25(1b)a, 26 and 35 of the Arms Act. The accusation is that one Shankar Yadav was apprehended by the police armed with pistol, while others succeeded to flee away. On query, Shankar Yadav did not produce the licence of pistol and also disclosed the name of three persons including the petitioner as his associates.

Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has been disclosed by co-accused, Shambhu Yadav. Further

Patna High Court Cr.Misc. No.56944 of 2017 (2) dt.08-12-2017 submission is that while petitioner is accused in Khaira P.S. Case No.32 of 2017, but in which, he is on bail.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 36 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T