Golu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75133 of 2018 Arising Out of PS. Case No.-425 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Golu Yadav S/o Awadh Bihari Yadav, resident of Village- Maulabagh, P.S. Ara Nawada, District Bhojpur, Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Ashlam Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ara Nawada P.S. Case No. 425 of 2018 registered for the offences punishable under Sections 25(1-b) a, 26 of the Arms Act.

Allegation against petitioner is recovery of one country made pistol and a .315 bore cartridge was recovered from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is in custody since 24.06.2018.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected at this stage.

Patna High Court Cr.Misc. No.75133 of 2018(2) dt.14-12-2018 2/2 However, after 09 (nine) months of judicial custody the petitioner shall be enlarged on bail by the court below on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 425 of 2018, subject to 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 and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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. Accordingly, this Criminal Miscellaneous is here by disposed of.

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