Dasrath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47522 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Dasrath Yadav, aged about 65 Years, Son of Late Beli Yadav (Beli) @ Belo Yadav, R/o Prem Tola Farda, P.S.- Nayaram Nagar (Safiabarai), DistrictMunger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Kumar Gupta, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Nayaram Nagar (Safiabad) P.S. Case No. 60 of 2017 instituted for the offence under Sections 25(1-aa), 25(1-a), 25(1-c), 25(1-B)A, 26(i)(ii) and 35 of the Arms Act.
It has been submitted on behalf of the petitioner that he was not apprehended on the spot. There is no recovery from his possession.
In the seizure list it is alleged that different firearms have been recovered from the field of Arjun Mandal. In the written report there is allegation that informant got information that this petitioner along with other accused are manufacturing illegal arms near Kama Asthan in the field of Arjun Mandal. He rushed along with Chowkidar and Dafadar to the place of
Patna High Court Cr.Misc. No.47522 of 2017 (2) dt.18-10-2017 2/2 occurrence. On seeing them, three persons managed to run away. It is alleged that Choukidar disclosed the name of this petitioner to the informant.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Nayaram Nagar (Safiabad) P.S. Case No. 60 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Munger, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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.
(Sanjay Priya, J) S.Ali/- U T