Kaju Yadav @ Kaju Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42670 of 2024 Arising Out of PS. Case No.-578 Year-2023 Thana- RAJAON District- Banka ====================================================== KAJU YADAV @ KAJU KUMAR YADAV SON OF ARVIND YADAV VILLAGE- CHUTIA, P.S.- RAJOUN, DISTT.- BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rajoun P.S. case No. 578 of 2023 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per the F.I.R., one loaded country-made pistol and one live cartridge has been recovered from the possession of co-accused.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and
Patna High Court CR. MISC. No.42670 of 2024(2) dt.21-06-2024 2/3 ammunitions. His name transpired on the confessional statement of co-accused Bobby Kumar. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.03.2024 and has twenty five criminal antecedents. There is no compliance of Section 100 of the Cr.P.C. Co-accused has been granted bail by this Court vide order dated 30.04.2024 passed in Cr. Misc. No. 29453 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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 Court below/concerned Court in connection with Rajoun P.S. case No. 578 of 2023 subject to following conditions : (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.42670 of 2024(2) dt.21-06-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Prakash/- U