Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1468 of 2015 Arising Out of PS.Case No. -196 Year- 2013 Thana -GOGRI District- KHAGARIA ====================================================== Niranjan Yadav, Son of Late Kapil Dev Yadav @ Kapo Yadav, R/o Village - Araria, P.S. - Parbatta (Mariya) District - Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.Akhileshwar Prasad Singh, Sr.Adv. Mr. Manoj Kumar For the Opposite Party/s : Mr. Ram Naresh Roy, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-03-2015 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 25(1-B)(a)/26 of the Arms Act. Taking into consideration the fact that the fire arms in question were seized from the Banana field and the petitioner was not apprehended on the spot and further taking into consideration the fact that no other criminal case except the present one is pending against him, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S.Case No.196 of 2013, subject to the conditions that:

(a) One of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner,

Patna High Court Cr.Misc. No.1468 of 2015 (3) dt.04-03-2015 (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Arvind/- U T