Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4666 of 2016 Arising Out of PS.Case No. -48 Year- 2015 Thana -PRATAPGANJ District- SUPAUL ======================================================
1. Santosh Yadav @ Santosh Kumar Yadav son of Sri Sitaram Yadav, Resident of Village- Gadiya, P.S.- Pratapganj, District- Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Ajay Kumar-2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2016 Heard the learned counsel for the petitioner and the earned A.P.P. representing the State.
The petitioner seeks bail in connection with Pratapganj P.S. Case No. 48 of 2015 registered for the offence punishable under Section 25(1-B)A/26 of the Arms Act. Allegedly, from possession of the petitioner one loaded three nut was recovered besides mobile. Submission is of false implication and that the petitioner has been made victim of the circumstances, nothing was recovered from his conscious possession, he is suffering in custody since 20.08.2015 and now, he has been sufficiently penalized.
Learned A.P.P. opposes the prayer of bail.
Patna High Court Cr.Misc. No.4666 of 2016 (3) dt.29-03-2016 2/2 In the facts and circumstances stated above, considering the detention of the petitioner, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Birpur, Supaul in connection with Pratapganj P.S. Case No. 48 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) ajaypd./- U T