Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44112 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== PAPPU YADAV, aged about 32 years, male, Son of Kujo Yadav @ Kunjo Yadav Resident of Village - Heru Diyar, P.S.- Kasim Bazar , Dist.- Munger. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Arvind Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 25(1-A)/25(1-AA) A/25(1-B) A/25(1-B) C, 26/35 of the Arms Act registered in connection with Muffasil P.S. Case No. 29 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Subodh Yadav and Umesh Yadav, except which there is no objective material to connect the petitioner with the alleged occurrence. It is submitted that nothing has been recovered from the possession of the petitioner. It is therefore submitted that ingredients of the offence alleged are not made out against the petitioner. Similarly situated co-accused Tappu Yadav has been granted bail by this Court in Cr. Misc. No. 29021 of 2019. The petitioner is accused in one prior case relating to the year 2005 in which he is on bail.

4. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.44112 of 2019(2) dt.18-07-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named 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 Chief Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 29 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T