Vikash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36597 of 2020 Arising Out of PS. Case No.-77 Year-2020 Thana- NAWADA District- Nawada ====================================================== Vikash Pandey Son of Yogendra Pandey @ Yogi Pandey Resident of VillageAsarhi, P.S.- Nagar, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad Adv.

For the State :

Mr.Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Town (Nawada) P S Case No 77 of 2020 instituted for the offence under Section(s) 25(1b)a/26 of the Arms Act. The informant police officer has allegedly arrested the petitioner with two country made pistols and 20 pieces of live cartridges.

Learned counsel for the petitioner submits that it is a case of false implication. The recovery is not in accordance with Section 100 Cr PC and petitioner is in custody now for more than a year i.e., since 27.01.2020. There is also an antecedent of the petitioner in Nawada PS Case No 728 of 2019 and in that case the petitioner is on bail.

Patna High Court CR. MISC. No.36597 of 2020(3) dt.01-02-2021 2/2 The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, let the petitioner, above named, be released 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, Nawada, in connection with Town (Nawada) P S Case No 77 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T