Rambabu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28410 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== Rambabu Yadav, Son of Vikram Yadav @ Vikarma Yadav, Resident of Village- Telhua, P.S.- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Smt. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the parties through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Sections 420, 413, 414, 467, 468, 471/34 of the Indian Penal Code and Sections 25(1b)a, 26 and 35 of Arms Act.

As per the prosecution case, on a secret information, a raid was conducted and this petitioner along with two other coaccused persons were apprehended and, on search, one loaded country-made pistol, one motorcycle and master key was recovered.

It is submitted on behalf of the petitioner that nothing

Patna High Court CR. MISC. No.28410 of 2020(3) dt.14-12-2020 2/3 has been recovered from the physical possession of the petitioner. Similarly situated co-accused, Jitendra Kumar, who was also apprehended along with this petitioner on the spot, has already been granted bail by this Hon'ble Court vide order dated 02.06.2020 passed in Cr. Misc. No. 16566 of 2020. Petitioner is in custody since 26.06.2019 and charge-sheet has already been submitted.

However, learned A.P.P. for State has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in Nautan Police Station Case No. 237 of 2019, on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.28410 of 2020(3) dt.14-12-2020 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Ankit/- U T