Munna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39351 of 2022 Arising Out of PS. Case No.-46 Year-2021 Thana- KACCHWA District- Rohtas ====================================================== MUNNA KUMAR YADAV Son of Suresh Singh @ Suresh Singh Yadav Resident of village - Sikariya, P.S.- Karakat, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarakant Rishi For the Opposite Party/s Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Kachhawa P.S. Case No. 46 of 2021, registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-aa), 25(1-ba), 26, 27 and 35 of the Arms Act. As per allegation, the police got confidential information that some criminals were planning to commit some offences. The police raided the place of occurrence and three accused persons, including the petitioner, were apprehended.

Patna High Court CR. MISC. No.39351 of 2022(2) dt.03-11-2022 2/3 One loaded country-made pistol and four empty cartridges were recovered from the possession of co-accused Rajnish Kumar@ Anda and Rs. 600/- was recovered from the possession of the present petitioner.

The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No fire arm has been recovered from the possession of the present petitioner and on similar footing, co-accused Md. Chand @ Md. Faiyaz Ahmad has been granted bail by this Court, vide Criminal Miscellaneous No 10108 of 2022 and co-accused Gunjan Kumar has been granted bail by this Court, vide Criminal Miscellaneous No. 8659 of 2022.

Considering the above-mentioned facts and circumstances, the petitioner above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Rohtas at Sasaram in connection with Kachhawa P.S. Case No. 46 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the

Patna High Court CR. MISC. No.39351 of 2022(2) dt.03-11-2022 3/3 similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T