Santosh Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.6056 of 2016 (3) dt.05-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6056 of 2016 Arising Out of PS.Case No. -290 Year- 2015 Thana -SHERGHATI District- GAYA ======================================================

1. Santosh Kumar Yadav Son of Mohan Yadav Resident of Village - Khutti Kewal Kala, P.S. - Hunterganj, District - Gaya..... .... Petitioner

Versus

1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Sherghatti (Dhobi) P.S. Case No. 290 of 2015 registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act. Allegedly, from possession of the petitioner one magazine loaded with four live cartridges was recovered on 03.11.2015.

Submission is of false implication and that the petitioner has been made victim of circumstances, he has made complaint against Manoj Kumar Chaukidar and on the complaint made by the petitioner he was terminated, resulting, he got implicated the petitioner in this case, co-accused Chandan Yadav has already been allowed bail and as such the petitioner also deserves sympathetic consideration.

Patna High Court Cr.Misc. No.6056 of 2016 (3) dt.05-04-2016 Learned APP opposes the prayer of bail by submitting that earlier the petitioner was involved in Hanterganj P.S. Case No. 156 of 2014 under Sections 25(1-b)a, 26/35 of the Arms Act. In the facts and circumstances stated above, the petitioner above named shall be released after six months from the date of his remand 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 A.C.J.M., Sherghati, Gaya in connection with Sherghatti (Dobhi) P.S. Case No. 290 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) avin/- U T