Patna High CourtCR. MISC./36906/2021bail granted

Arvind Yadav v. The State Of Bihar

2021-09-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36906 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- MANSI District- Khagaria ====================================================== Arvind Yadav S/O Late Bauku Yadav R/O Vilalge-Narayanpur Navtoliya, P.S.-BIHPUR (BHAWANIPUR O.P), District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Mansi P.S. Case No. 36 of 2021, registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.

As per the prosecution case, 02 semi-automatic pistols, 40 live cartridges and 02 mobile phones have been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. Mandatory provision of Section 100 Cr.P.C has not been followed. Petitioner is in custody since 05.02.2021. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.36906 of 2021(2) dt.17-09-2021 2/2 Considering the facts and circumstances of the case, the petitioner 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 Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 36 of 2021, 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