Mannu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7912 of 2021 Arising Out of PS. Case No.-465 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== Mannu Yadav, S/o Late Arjun Yadav, R/o Village- Raghopur, P.S.- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-08-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Nath Nagar (Madhusudanpur) P.S. Case No.465 of 2020 registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

Since 03.08.2020, the petitioner is stated to be in custody on the alleged recovery of a country made pistol and

Patna High Court CR. MISC. No.7912 of 2021(2) dt.06-08-2021 2/3 live cartridge.

Recovery is denied by the counsel for the petitioner. He submits that the recovery is unsustainable in law as it is in violation of Section 100 Cr.P.C. Due to seven antecedents of the petitioner, he has been implicated in this case also. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned A.C.J.M., Bhagalpur, in connection with Nath Nagar (Madhusudanpur) P.S. Case No.465 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates,

Patna High Court CR. MISC. No.7912 of 2021(2) dt.06-08-2021 3/3 his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T