Shailesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31321 of 2018 Arising Out of PS.Case No. -275 Year- 2017 Thana -MANSI District- KHAGARIA ====================================================== Shailesh Yadav son of Garo Yadav, resident of Village- Thatha, P.S.- Mansi, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Mansi P.S. Case. No. 275/2017 registered for offences punishable under sections 25(1-b)a/26 of the Arms Act.

As per FIR, the informant who happens to be police officer, recovered one firearm and two bullets from the possession of the petitioner.

It has been submitted that there is contradiction in the self statement of informant and seizure list. The seizure list was not prepared in presence of any independent witnesses. The petitioner is in custody since 29.11.2017 having clean antecedent. The learned Additional Public Prosecutor on the other

Patna High Court Cr.Misc. No.31321 of 2018 (3) dt.09-07-2018 2/2 hand opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Ankita Jaiswal, Judicial Magistrate 1st Class, Khagaria in connection with Mansi P.S. Case. No. 275/2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T