Chando Yadav @ Chano v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34751 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -SABAUR District- BHAGALPUR ====================================================== Chando Yadav @ Chano Son of Late Sabal Yadav, Resident of VillageDhuriya, Agarpur, Police Station-Lodipur, District-Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 29.01.2017 in connection with Sessions Trial No. 457 of 2017 arising out of Sabour P.S. Case No. 20 of 2017 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1b)a, 26 and 35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that they conducted a raid to nab the accused persons in relation to Sabour P.S. Case No. 12 of 2017 and during course of raid they got information that some
Patna High Court Cr.Misc. No.34751 of 2017 (2) dt.10-08-2017 2/3 criminals have assembled to commit some major crime. On reaching the place of occurrence, some persons started to flee away but the petitioner along with other co-accused was apprehended and from the possession of the petitioner, one stolen mobile was recovered.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid offence. He submits that no case under the Arms Act is applicable against the petitioner and he was just a passerby, who was on his way to board the train for Malda and was apprehended. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 7th
Patna High Court Cr.Misc. No.34751 of 2017 (2) dt.10-08-2017 3/3 Additional Sessions Judge, Bhagalpur in connection with Sessions Trial No. 457 of 2017 arising out of Sabour P.S. Case No. 20 of 2017.
(Nilu Agrawal, J.) Arjun/- U T