Binay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47979 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- GURUA District- Gaya ====================================================== BINAY YADAV, S/O Late Ragho Yadav, Resident of Village - Salonebigha @ Solanbigha, P.S. - Konch, District - Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-b)a/26/35 of the Arms Act and Sections 17, 18, 20, 38, 49 of the U.A.P. Act.

A pistol and cartridge were recovered from possession of the petitioner while he was fleeing along with others. He was allegedly to rob some businessman.

Submission is that petitioner is in custody since 26.12.2018. Investigation of the case is already complete and co-accused Jai Ram Yadav, having identical allegation, has been allowed bail by a Coordinate Bench of this Court vide order dated 03.07.2019 passed in Cr. Misc. No. 41070 of 2019. Considering the facts aforesaid especially grant of bail

Patna High Court CR. MISC. No.47979 of 2019(2) dt.02-08-2019 2/2 to a co-accused, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Gurua Police Station Case No. 251 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T