Navlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21867 of 2022 Arising Out of PS. Case No.-126 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== NAVLESH YADAV Son of Mishri Lal Yadav, Resident of village - Khairba Tola, P.S.- Punaura, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2022 Let the defect(s), if any, be removed within two 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 Punaura P.S. Case No. 126 of 2021 lodged under Section 307/34 of the Indian Penal Code read with Section 27 of the Arms Act. As per prosecution, the allegation has been made by the informant to make threat at the hand of one Lalu Ray and Panchan Ray. Present petitioner is not named in the F.I.R. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. He further submits that name of the present petitioner has figured by the confessional statement of the co-accused and only then his involvement has

Patna High Court CR. MISC. No.21867 of 2022(6) dt.12-09-2022 2/3 been transpired in this case. He further submits that petitioner is in custody since 02.02.2022 in this case. He further submits that the named co-accused Lalu Ray has been granted bail by the Co-ordinate Bench of this Court vide order dated 18.04.2022 passed in Cr. Misc. No. 65233 of 2021. He further submits that charge sheet has already been filed in this case and the present petitioner has two criminal antecedent both relating to excise act.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Punaura P.S. Case No. 126 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.21867 of 2022(6) dt.12-09-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T