Makeshwar Yadav @ Mukesh Yadav @ Mukti Jee @ Mukesh @ Mukti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.145 of 2017 Arising Out of PS.Case No. -83 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Mukeshwar Yadav @ Mukesh Yadav @ Mukti Jee @ Mukesh @ Mukti, S/o Bhim Yadav, Resident of Village - Telni (Pushaho), Police Station - Bithan , Distict- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 20-01-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bithan P.S. Case No.83 of 2016 registered under Sections 16, 17, 18 and 20 of the Unlawful Activities Prevention Act besides Sections 25(1-B)a and 26 of the Arms Act.

The accusation is that the petitioner was apprehended by the police during raid at his house and on his search, one loaded country made pistol and two live cartridges were recovered from his possession. Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is accused in five other cases, as

Patna High Court Cr.Misc. No.145 of 2017 (3) dt.20-01-2017 2/2 detailed in paragraph-3 to this application, in which he is on bail, due to that reason, the petitioner has falsely been implicated in this case. The petitioner is in custody since 21.08.2016 in the present case. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera at Samastipur, in connection with Bithan P.S. Case No.83 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the petitioner. The petitioner shall attend the trial court on each and every date fixed by the trial court during the course of the trial. If the petitioner fails to appear on two consecutive dates before the trial court during the course of trial without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bond of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T