Ramashankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17786 of 2017 Arising Out of PS.Case No. -216 Year- 2016 Thana -MAIRWA District- SIWAN ======================================================
1. Ramashankar Yadav Son of Din Dayal Yadav resident of Village - Bhopatpura, P.S. - Mairwa, District - Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Mairwa P.S. Case No. 216 of 2016 registered for the offences punishable under Sections 25 (1-b), 26 and 35 of the Arms Act. Allegedly, the petitioner and two co-accused persons were apprehended and from possession of the petitioner one country made gun was recovered, for which no paper was produced.
Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner. The petitioner is in custody since 28.10.2016. Co-accused Gouri Shankar Yadav and Mantu Yadav have allowed bail and such, the
Patna High Court Cr.Misc. No.17786 of 2017 (4) dt.08-05-2017 2/2 petitioner also deserves sympathetic consideration. The learned A.P.P. submits that now the petitioner has remained in custody for more than six months. In the facts and circumstances stated above, the above named petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Siwan in connection with Mairwa P.S. Case No. 216 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T