Mihik Lal Yadav @ Mik Lal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.63406 of 2018 (2) dt.29-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63406 of 2018 Arising Out of PS.Case No. -261 Year- 2018 Thana -KAHALGAON District- BHAGALPUR ====================================================== Mihik Lal Yadav @ Mik Lal Yadav Son of late Giro Yadav Resident of Village-Shreechak P.S. Sanhaula Distt. Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Adv. For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Kahalgaon (Ghogha) P.S. Case No. 261/2018, registered for the offences punishable under Sections 25(1-b)A, 26 and 35 of the Arms Act. On secret information, police raided Basa of Ganesh Mandal and Bhuneshwar Mandal. On seeing police party, four persons tried to flee away, but on chase two persons including the petitioner were apprehended by the police. One loaded double barreled gun and five live cartridges were recovered from the possession of petitioner.

It has been submitted that petitioner has falsely been implicated in this case. Similarly placed co-accused has been granted bail by a coordinate bench of this court vide order dated

Patna High Court Cr.Misc. No.63406 of 2018 (2) dt.29-10-2018 20.09.2018 passed in Cr. Misc. No. 51992/2018. Petitioner has no criminal antecedent. He is in custody since 30.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 261/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

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

(S. Kumar, J) Vinita/- U T