Pritam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34404 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== PRITAM YADAV S/o- Late Raj Kishore Singh R/o Village- Karnaul Chandi, P.S.- Charpokhari, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 22.03.2019 in a case registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act.

The prosecution case is that on 21.03.2019, the informant, being the Sub-Inspector of Police-cum-SHO, Udwantnagar Police Station received a secret information that co-accused Umesh Kumar Singh is travelling in a car along with other miscreants preparing to commit dacoity. Subsequently, a vehicle was intercepted wherein five miscreants were found travelling and were apprehended. It is further alleged that during frisking, from the possession of the

Patna High Court CR. MISC. No.34404 of 2019(2) dt.27-05-2019 2/3 co-accused Umesh Kumar Singh, one loaded country made pistol with five live cartridges and two mobile phones were recovered, whereas from the possession of co-accused Miisir Yadav, one loaded country made pistol and one mobile phone were recovered, while from the possession of the petitioner, two mobile phones were recovered.

It is submitted by learned counsel for the petitioner that the said recovery from the possession of the petitioner, i.e., two mobile phones does not constitute any offence. It is further submitted that the petitioner is accused in nine other cases, but in all those cases, he is on bail. Though statement to that effect has not been made in the petition. Learned APP for the State submits that the petitioner was apprehended along with other accused persons while travelling on a vehicle with an intention to commit some serious nature of offence and he is named in the FIR. Considering the nature of recovery, let the above named petitioner be released on bail on 22.06.2019, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur, in connection with Udwantnagar P.S. Case No.114 of 2019.

Patna High Court CR. MISC. No.34404 of 2019(2) dt.27-05-2019 3/3 Since the petitioner is having serious criminal antecedent, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for three consecutive occasions or subsequently gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Ashwini/- U T