Dhananjay Kumar @ P.K. Yadav @ Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33359 of 2021 Arising Out of PS. Case No.-322 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== Dhananjay Kumar @ P.K. Yadav @ Prem Kumar Son of Ramdiyal Rai Resident of Village- Hakikatpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard both parties.

The petitioner seeks bail in Bakhtiyarpur P.S. Case No. 322 of 2019 corresponding to Sessions Trial No. 409 of 2020, registered for the offence punishable under Sections 399/402 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, one loaded country made pistol and one live cartridge have been recovered from possession of this petitioner.

It is submitted on behalf of the petitioner that no arms and ammunitions have been recovered from possession of this petitioner. Petitioner is in custody since 07.11.2019. Chargesheet has already been submitted.

Considering the period of custody, the petitioner

Patna High Court CR. MISC. No.33359 of 2021(3) dt.21-10-2021 2/2 above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge IV, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 322 of 2019 corresponding to Sessions Trial No. 409 of 2020, subject to following conditions:- (i) The 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 the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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. (Prabhat Kumar Singh, J) vinita/- U T