Shrawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20640 of 2022 Arising Out of PS. Case No.-296 Year-2021 Thana- RAGHOPUR District- Supaul ====================================================== SHRAWAN YADAV Son of Sutay Yadav @ Babunandan Yadav Resident of village - Jaraila, Ward No.- 6, P.S.- Triveniganj, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Thakur For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 08-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Raghopur P.S. Case No. 296 of 2021 registered for the offences punishable under Sections 25(1-B)a, 26 of the Arms Act. As per prosecution case, there is alleged recovery of one country made pistol and two live cartridges from the possession of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.20640 of 2022(2) dt.08-06-2022 2/3 petitioner is in custody since 31.10.2021 and bears no criminal antecedent. He further submits that charge sheet has been submitted in the case and there is no likelihood of tampering the evidence.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Birpur in connection with Raghopur P.S. Case No. 296 of 2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.20640 of 2022(2) dt.08-06-2022 3/3 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T