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Patna High CourtCR. MISC./41792/2016bail granted

Bipin Yadav v. The State Of Bihar

2016-10-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41792 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Bipin Yadav, S/o Mukti Yadav, resident of Village- Sitlal Tola, P.S.- Muffasil, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Yadav, Advocate For the Opposite Party : Mr. Sri Uday Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Muffasil P.S Case No. 57 of 2016 registered for the offences punishable under Sections 25(1-B)a,26(2)/35 of Arms Act.

Allegedly, from possession of the petitioner one country made loaded katta having live cartridge .315 bore and other 9 live cartridges were recovered.

Submission is of false implication and that the petitioner is in custody since 31.03.2016, nothing has been recovered from the conscious possession of the petitioner, he has been made victim of the circumstances and, as such, he deserves sympathetic consideration. Learned A.P.P. opposes the prayer of bail In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.41792 of 2016 (2) dt.06-10-2016 2/2 the custody of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned S.D.J.M., Munger, in connection with Muffasil P.S. Case No. 57 of 2016, subject to the conditions that one of the bailors must be a 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.) Rajiv/- U T