Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49376 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== SUNIL YADAV Son of Late Kari Yadav Resident of Village - Belhi, P.S.- Kumarkhand, Distt.- Madehepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar 1, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 06.03.2021, seeks regular bail in connection with Kumarkhand P.S. Case No. 67 of 2021 registered for offences punishable under Sections 25(1B)a, 26 of the Arms Act. Prosecution story in brief is that one country made pistol and two live cartridges were recovered from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case due to dirty village politics.

Patna High Court CR. MISC. No.49376 of 2021(2) dt.18-04-2022 2/3 Seizure list has been prepared in absence of the petitioner. Petitioner is in custody since 06.03.2021.

Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.

Considering the period of custody undergone by the petitioner, nature of allegation made in the FIR, and the manner in which seizure has been made, without going into the merits of the case, the petitioner above named, is directed to be enlarged on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Madhepura in connection with Kumarkhand P.S. Case No. 67 of 2021 subject to the following conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar

Patna High Court CR. MISC. No.49376 of 2021(2) dt.18-04-2022 3/3 nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(v) The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will loose its force automatically. (vi) The petitioner will make his attendance before the concerned police station under which his house is located every fortnightly till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the concerned SHO of the police station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction.

(Purnendu Singh, J) Niraj/- U T