Ranjeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41338 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Ranjeet Yadav Son of Chhatri Yadav Resident of Village- Sonbersha, P.S.- Balia, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nandsingh, Adv.
For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2022 The matter has been listed today for consideration through virtual mode.
Heard learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor appearing for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 25.01.2021 seeks regular bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No.84/2021 registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.
Prosecution case in brief, is that from the dickey of one motorcycle at Domina Chowk live cartridges of 3.15 bore were recovered. The petitioner who was near the motorcycle was searched and a key was found from the pocket of the
Patna High Court CR. MISC. No.41338 of 2021(2) dt.20-01-2022 2/3 petitioner.
Learned counsel appearing on behalf of the petitioner submits petitioner was going to medicine store at Khagaria for purchasing medicine. Petitioner is not the owner of the motorcycle which was seized, and nothing incriminating article has been recovered from the conscious possession of the petitioner. The police have recovered one key, which is not of the said motorcycle. Petitioner has no criminal antecedent and as such petitioner deserves to be released on bail. Learned APP for the State, however, opposes the prayer for grant of bail to the petitioner.
Considering the above-mentioned facts and circumstances of the case, it is directed that the court below after verifying the criminal antecedent of the petitioner and if no other criminal case is pending against the petitioner as what has been stated in paragraph no.3 of the bail petition, the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No.84/2021, subject to the following conditions:
Patna High Court CR. MISC. No.41338 of 2021(2) dt.20-01-2022 3/3
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3) 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. (Purnendu Singh, J) Prakash Narayan /- U T