Teni Yadav @ Bhuneshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37375 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -KASHICHAK District- NAWADA ====================================================== Teni Yadav @ Bhuneshwar Yadav S/o- Kailash Yadav, resident of villageDani Bigha, P.S.- Shekhpura (Kusumma O.P.), District- Sheikhpura ....... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Pankaj, Advocate For the Opposite Party/s : Mr. Durgesh Nandan, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-09-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Kashichak PS Case No.41 of 2015, disclosing offences under Sections 25(1-b)A, 26 and 35 of the Arms Act. As per prosecution case, the police officer intercepted the motor-cycle and arrested one Gorelal Yadav, from whose possession a country-made pistol was recovered. It is stated that Gorelal Yadav, disclosed the name of the petitioner as pillion rider, and is further said to have stated before the police that cartridges were with the petitioner.

Learned counsel for the petitioner submits that he has falsely been implicated in the case because of land dispute and inimical terms of Gorelal Yadav with the father-in-law of the

Patna High Court Cr.Misc. No.37375 of 2015 (2) dt.11-09-2015 2/2 petitioner. He also submits that over and above this, there is no incriminating material against the petitioner. In view of the submission as above, this application is allowed. Let the petitioner above named, in the event of his arrest or surrender before the Court below within six weeks from today, 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, Nawada in Kashichak PS Case No.41 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T