Virat Yadav @ Karan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20534 of 2022 Arising Out of PS. Case No.-626 Year-2021 Thana- MAHUA District- Vaishali ====================================================== VIRAT YADAV @ KARAN YADAV Son of Sudhan Yadav Resident of village - Rautara Palan Khet, P.S.- Rautara, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== 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 Mahua P.S. Case No. 626 of 2021 registered for the offences punishable under Sections 413, 414, 420, 467, 468 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. As per prosecution case, there is alleged recovery of one country made pistol along with one live cartridge from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 12.10.2021 and bears criminal antecedent of one case in which he is on bail. He further submits

Patna High Court CR. MISC. No.20534 of 2022(2) dt.08-06-2022 2/3 that there is no overt-act against the petitioner. 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 626 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.20534 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