Dharmendra Kumar @ Keshav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40450 of 2022 Arising Out of PS. Case No.-401 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== DHARMENDRA KUMAR @ KESHAV YADAV S/o Umesh Yadav R/o village- Naulakhi Ward No. 7, P.S.- Jankinagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Murliganj P.S. Case No. 401 of 2021 for the offences under Sections 25(1-B)a and 26 of the Arms Act.

As per the prosecution story, the informant, Umesh Paswan recorded his self-statement that accused namely, Dharmendra Kumar @ Keahav Yadav had confessed in Murliganj P.S. Case No. 399 of 2021, during the course of investigation that after committing the murder, he has concealed murder weapon in the house of his maternal uncle. On the basis of the disclosure made by the petitioner, upon search of the

Patna High Court CR. MISC. No.40450 of 2022(2) dt.12-10-2022 2/3 house, a country-made pistol was recovered. Accordingly, the present F.I.R was lodged.

Learned counsel for the petitioner submits that he has already been made accused in connection with Murliganj P.S. Case No. 399 of 2021 under Section 302/34 of the Indian Penal Code and in course of the said investigation, it is alleged that on his confession, the house of the maternal uncle was raided and the revolver used in the said crime was recovered. Taking into account the fact that there is a recovery of the revolver and country-made pistol, he is in custody since 18.11.2021, charge sheet stands submitted, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Murliganj, P.S. Case No. 401 of 2021, subject to the 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

Patna High Court CR. MISC. No.40450 of 2022(2) dt.12-10-2022 3/3 dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every month till the conclusion of the trial to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Neha/- U T