Fantush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26112 of 2020 Arising Out of PS. Case No.-207 Year-2019 Thana- BALIYA District- Begusarai ====================================================== Fantush Yadav S/o Late Wakil Yadav Resident of Village- Tulsi Tol, P.S.- Ballia, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-10-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 414/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. The petitioner was on the same stolen motorcycle which was recovered from the possession of co-accused Krishna Yadav. Besides recovery of stolen motorcycle fire-arm was also recovered from the possession of Krishna Yadav and Krishna Yadav has already been allowed bail by a coordinate Bench of

Patna High Court CR. MISC. No.26112 of 2020(2) dt.12-10-2020 2/2 this Court after completion of six months of custody. The petitioner is in custody since 11.06.2019. Investigation of the case is already complete.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Balia P.S. Case No.207 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T