Shyamdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38313 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -BUDDHACOLONY District- PATNA ====================================================== Shyamdeo Yadav son of Sardar Yadav resident of village - Ekbalganj, Nisarpura, P.S. Ranitalab, Distt. Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Budha Colony P.S. Case No. 52 of 2017 registered for the offences punishable under Sections 25(1-B)(a), 35 & 30 of the Arms Act.

Petitioner is not named in the FIR and allegation is that on raid from the office of security agency several unlicensed arms and cartridges were recovered.

It has been submitted on behalf of the petitioner that he is not named in the FIR and from his possession licensee arm has been recovered and similarly situated co-accused have been granted bail in Cr.Misc.No. 28639 of 2017, Cr.Misc.No. 31977 of 2017 and Cr.Misc.No. 31950 of 2017, vide orders dated 6.7.2017,

Patna High Court Cr.Misc. No.38313 of 2017 (2) dt.21-08-2017 2/3 20.7.2017 & 20.7.2017 respectively.

Heard learned APP also.

Having heard both sides and in view of facts and circumstances, let the petitioner, named above, surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in connection with Budha Colony P.S. Case No. 52 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for

Patna High Court Cr.Misc. No.38313 of 2017 (2) dt.21-08-2017 3/3 cancellation of his bail bonds, (iii) Petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U