Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 18185 of 2020 Arising Out of PS. Case No.-123 Year-2019 Thana- PANDARAK District- Patna ====================================================== MAHESH YADAV Son of Late Shivnandan Yadav Resident of VillageGowasa Shekhpura, Police Station-Pandarak, District-Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Arun, Advocate For the Opposite Party/s :

Mr Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard Mr Arun, learned counsel for the petitioner as well as Mr Shyam Kumar Singh, learned APP for the State. Petitioner seeks bail in Pandarak Police Station (for brevity, PS) Case No 123 of 2019 instituted for the offence punishable under Sections 25 (1-B)A, 26, 35 of Arms Act. On alleged recovery of three live cartridges, it is submitted that the petitioner is in custody since 07.12.2019. Charge sheet has been submitted. It is submitted that it is a false case. The petitioner is on bail in Pandarak PS Case No 56 of

Patna High Court CR. MISC. No.18185 of 2020(2) dt.04-06-2020 2/2 2009, pending against him since before.

The learned APP for the State opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Barh (Patna) in Pandarak PS Case No 123 of 2019 subject to the following conditions -

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U