Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36581 of 2022 Arising Out of PS. Case No.-320 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Santosh Yadav @ Santosh Kumar Yadav, Son of Arvind Yadav, R/O VillageTeldiha, Ward No.-7, P.S.- Udakishunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Udakishunganj P.S. Case No.320 of 2021 instituted under Sections 25(1-B) a, 26/35 of the Arms Act. The allegation in the FIR is that, the police upon information, raided the house of the petitioner and recovered/seized loaded countrymade 'Musket' and upon unloading it, one live cartridge was recovered. Learned counsel for the petitioner submits that for the said alleged act, he has already suffered by being in

Patna High Court CR. MISC. No.36581 of 2022(2) dt.19-09-2022 2/3 custody since 02.11.2021. His further submission is that the charge-sheet stands submitted and he is ready to abide by all the terms and conditions if granted the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each in connection with Udakishunganj P.S. Case No.320 of 2021 to the satisfaction of learned A.C.J.M., Ist, Udakishunganj at Madhepura, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself; (iii) the petitioner shall appear before the concerned police station every fortnight till conclusion of the Trial to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

Patna High Court CR. MISC. No.36581 of 2022(2) dt.19-09-2022 3/3 With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T