Thakur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38298 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Thakur Yadav, son of Lal Babu Yadav, resident of Village & P.O.- Krishngarh (Barhara), District- Ara.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Ara (Town) P.S. Case No.17 of 2017 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and 25(1-B)(a), 26 & 35 of the Arms Act.

Allegation against the petitioner is that he along with other co-accused persons was intercepted in a lonely place while preparing to commit dacoity and from their possession mobile, cash and country made pistil were recovered.

Submission of learned counsel for the petitioner is that petitioner is a student and has falsely been implicated in this case and nothing has been recovered from his possession. Further submission is that similarly situated co-accused persons have been

Patna High Court Cr.Misc. No.38298 of 2017 (3) dt.23-08-2017 2/3 granted bail by this Court in Cr.Misc.Nos. 39672, 35295, 25060 and 30931, all of 2017 and petitioner is in custody for six months and those he has been made in other four cases but he is on bail in those cases.

Heard learned APP also.

Having heard both sides and considering the facts and circumstances and also considering the fact that though petitioner has criminal antecedents but similarly situated co-accused have been granted bail, as such, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Arah, in connection with Ara (Town) P.S.Case No. 17 of 2017, subject to the conditions :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case, failing which his bail bond shall be cancelled, (iii) If active involvement of the petitioner in

Patna High Court Cr.Misc. No.38298 of 2017 (3) dt.23-08-2017 3/3 such type of cases is found in future, the prosecution shall move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) spal/- U