Kapil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16178 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Kapil Yadav S/o Amak Yadav, R/o Village- Lachnaiti P.S. Sherghati, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-B)A, 26, 35 of the Arms Act and Section 17 of C.L.A. Act.

One country made three nut and mobile sets are said to have been recovered from conscious possession of the petitioner when he along with others had assembled to make preparation for committing dacoity.

The defence of the petitioner is false implication and in support of the aforesaid defence, it is pointed out that petitioner was allegedly arrested on 10.01.2016 but he was produced before

Patna High Court Cr.Misc. No.16178 of 2016 (2) dt.22-04-2016 2/2 the Magistrate on 12.01.2016 and the police has not given any explanation of the aforesaid delay. Moreover, petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Sherghati P.S. Case No. 21 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T