Siyaram Yadav @ Siyaram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4686 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- BARHAT District- Jamui ====================================================== SIYARAM YADAV @ SIYARAM KUMAR Son of Motal Yadav Resident of Village - Devachack, P.S. - Malaypur, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with G.R. No. 1199 arising out of Barhat P.S. Case No. 49 of 2020 registered for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act.

According to the F.I.R. one loaded country made pistol is said to have been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.4686 of 2021(2) dt.26-03-2021 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He submits that procedure of Section 100 of the Cr.P.C. has not been followed by the informant. The petitioner is languishing in custody since 24.04.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 learned J.M. 1st Class, Jamui in connection with G.R. No. 1199 arising out of Barhat P.S. Case No.49 of 2020. subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.4686 of 2021(2) dt.26-03-2021 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) GAURAV S./- U T