Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6989 of 2021 Arising Out of PS. Case No.-26 Year-2019 Thana- NADI P.S. District- Bhagalpur ====================================================== PAPPU YADAV SON OF AMBIKA YADAV @ AMBICA PRASAD YADAV R/O VILLAGE- BHAWANPURA (BHAWANPURA NAYATOLA), P.S.- KHARIK, DISTRICT- BHAGALPUR.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Adv For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-04-2021 The defect (s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 25(1-b), a, 26,27, 35 of the Arm Act.

Allegation is of recovery of Desi Pistol and 24

Patna High Court CR. MISC. No.6989 of 2021(2) dt.17-04-2021 2/3 pieces of live cartridge from the possession of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to animosity. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 01.10.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail after framing of charge upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Nadi P.S. Case No. 26 of 2019, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.6989 of 2021(2) dt.17-04-2021 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U