Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27190 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -SALAIYA District- AURANGABAD ====================================================== Sanjay Yadav, son of Rajendra Yadav, resident of village - Kathoutiya, Police Station - Salaiya, District - Aurangabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Anil Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Salaiya P.S. Case No.01 of 2016, registered for the offence punishable under Section 386 of the Indian Penal Code, under Section 25 (1-B)A/26/35 of the Arms Act and under Section 17 of the C.L.A. Act.

The police got secret information that veteran naxalite criminals namely Ram Pravesh Yadv and Awdhesh Yadav, who are engaging in demanding extortion, have come to the house of the petitioner. The police raided the house of the petitioner, all the persons including the present petitioner were arrested. From the possession of the petitioner one country

Patna High Court Cr.Misc. No.27190 of 2016 (2) dt.15-07-2016 2/3 made pistol, two live cartridges and one Nokia Mobile have been recovered.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in jail since 19.01.2016.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Salaiya P.S. Case No.01 of 2016 subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioner i.e. mother/father/ wife/son of the petitioner;

(ii) if the petitioner is found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail ;

(iii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner and;

Patna High Court Cr.Misc. No.27190 of 2016 (2) dt.15-07-2016 3/3 (iv) that the petitioner will mark his presence before the nearest police station by 7th of every month till six months.

(Shivaji Pandey, J) pawan/- U T