Mahesh Yadav @ Mahesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2881 of 2021 Arising Out of PS. Case No.-298 Year-2020 Thana- ATRI District- Gaya ====================================================== MAHESH YADAV @ MAHESH PRASAD SON OF SARYU YADAV @ SARJU YADAV @ SARANDU YADAV RESIDENT OF VILLAGE - NARAWAT, P.S- ATRI, DISTT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr. Ganesh Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 24.08.2020 in connection with Atri P.S. Case No. 298/20 registered for the offences punishable under Sections 25(1-b)a,26 of the Arms Act.
As per the prosecution case, one loaded country-made pistol and one mobile phone was recovered from the possession of the petitioner.
It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and he has been falsely implicated in this case because of his criminal antecedent. Chargesheet has already been submitted in this case.
Patna High Court CR. MISC. No.2881 of 2021(2) dt.12-03-2021 2/2 Petitioner is in custody since 24.08.2020.
Considering the period of custody, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Atri P.S. Case No. 298/20, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.
(2)If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Saif/- U T