Shravan Yadav @ Tinku Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23500 of 2022 Arising Out of PS. Case No.-626 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Shravan Yadav @ Tinku Yadav S/o Late Madan Yadav R/o village- Rawtara, P.S.- Rawtara, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babita Singh, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-09-2022 Let the defect, 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 Mahua P.S. Case No. 626 of 2021 lodged under Sections 413/414/420/467/468 of the I.P.C. read with Sections 25(1b)a/26/35 of the Arms Act. As per the prosecution case, the petitioner and others were apprehended by the police during routine vehicle check-up period. Recovery of one desi loaded pistol, 3 live cartridges, one motorcycle alleged to be recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23500 of 2022(4) dt.01-09-2022 2/3 petitioner was arrested in this case on the place of occurrence but remanded to judicial custody on 12.10.2021. Learned counsel for the petitioner further submits that during his judicial custody, all the cases which are mentioned in paragraph 3 of the petition, he was remanded. He further submits that during investigation, raid was made at his house from where the Aadhar Card of one Sunita Devi was recovered for which a separate P.S. Case, namely, Mahua P.S. Case No. 611 of 2021 was instituted in which petitioner was on bail. Learned counsel further submits that no T.I.P. has been conducted by the police during investigation. He further submits that the other co-accused persons were granted bail by the Co-ordinate Bench of this Court vide order dated 25.05.2022 and 08.06.2022 passed in Cr. Misc. No. 17613 of 2022 and Cr. Misc. No. 20534 of 2022 respectively.
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,
Patna High Court CR. MISC. No.23500 of 2022(4) dt.01-09-2022 3/3 Vaishali at Hajipur in connection with Mahua P.S. Case No. 626 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 resulted into cancellation of his bail bond.
B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J) sadique/- U T