Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40525 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- MANSI District- Khagaria ====================================================== BECHAN YADAV S/o Mannu Prasad Yadav R/o village- Tika Rampur, P.S.- Muffasil, District- Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable and u/s 25(1-B)a, 26, 27, 35 of Arms Act. As per the prosecution case, one country made loaded pistol has been recovered from the possession of the petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to village politics. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that though the petitioner has got one criminal antecedent but he is on bail in that case. Petitioner is in custody since 10.02.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.40525 of 2021(2) dt.08-10-2021 2/2 prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, 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 Additional Sessions Judge-I, Khagaria in connection with Mansi PS case No. 39/2021 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 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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