Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34004 of 2018 Arising Out of PS. Case No.-111 Year-2018 Thana- JHAJHA District- Jamui ====================================================== Bhim Yadav, son of Beni Yadav, resident of village- Kathbajara tolaKarjhoswa [Karhoswa], P.S.- Jhajha, Distt.- Jamui ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Y.C.Verma, Sr. Adv.

Mr. Prakash Mahto, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-08-2018 Heard Sri Y.C.Verma, learned Senior Counsel, assisted by Sri Prakash Mahto, learned counsel for the petitioner and Sri Ashok Kumar, learned Addl. Public Prosecutor. The petitioner, who is in custody since 22.03.2018 in Jhajha P.S. Case No.111 of 2018 registered for the offence under Sections 25(1-b)a/ 26/35 of the Arms Act, has prayed for grant of bail.

It was submitted by learned Senior Counsel appearing on behalf of the petitioner that the petitioner has falsely been made accused on accusation of recovery of one loaded countrymade pistol with two cartridges. He submits that since the petitioner was earlier made accused in two cases, he was again made accused in the present case. He submits that without any

Patna High Court Cr.Misc. No.34004 of 2018(4) dt.01-08-2018 2/2 material ,the petitioner is languishing in custody since 22nd March,2018.

Learned Addl. Public Prosecutor has opposed the prayer for bail and by way of referring to the statement made in paragraph-3 of the petition, he submits that the petitioner appears to be habitual offender and, as such, he may not be released on bail.

In this case, by order dated 04.07.2018, a report was called from the court below regarding stage of the case, which has been received and kept at Flag-P. By letter No. 53 dated 07.07.2018, learned S.D.J.M., Jamui has indicated that the case is fixed for charge. Meaning thereby that in near future, there is no possibility of conclusion of the case.

Considering the facts and circumstances, let the petitioner, namely, Bhim Yadav be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Jhajha P.S. Case No.111 of 2018.

(Rakesh Kumar, J) nawalkrs/- U T