Patna High CourtCR. MISC./73575/2018bail granted

Ashok Yadav v. The State Of Bihar

2019-01-31Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73575 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== Ashok Yadav, Son of Dasharath Yadav, Resident of Village- Pakhanari, P.S.- Sheosagar, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.04.2018 in a case registered for the offence punishable under Section 414 of the Indian Penal Code and Section 25(1B)a, 26 of the Arms Act. The prosecution case is that on 31.03.2018 about 8.15 P.M. during patrolling, the petitioner was apprehended by the police and from his possession, one loaded country made pistol, a live cartridge and a mobile phone were recovered. It is submitted by learned counsel for the petitioner that investigation has already been concluded and the petitioner has remained in custody for about 10 months. Though the petitioner is accused in three other cases, but he is

Patna High Court Cr.Misc. No.73575 of 2018(3) dt.31-01-2019 2/2 not named in all those cases, rather he has been remanded by the police. A statement to that effect has been made in paragraph no.3 of the petition.

Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the fact that investigation has already been concluded and the period of custody, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-VII-cumACJM, Sasaram, Rohtas, in connection with Sheosagar P.S. Case No. 117 of 2018.

Since the petitioner has criminal antecedent, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Ashwini/- U T