Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36358 of 2016 Arising Out of PS.Case No. -182 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Rajesh Yadav son of Late Raj Kishore Singh resident of Village: Chandi,P.S.: Charpokhari, District: Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 27, 35 of the Arms Act.

One country made loaded katta is said to have been recovered from conscious possession of the petitioner while petitioner and two others were fleeing after committing loot but admittedly, except the aforesaid firearm and mobile phone as well as some clothes, nothing was recovered from conscious possession of the petitioner. However, the present occurrence appears to have taken place on 19.07.2015 whereas formal F.I.R. was put up before the Sub Divisional Judicial Magistrate on 22.07.2015 and

Patna High Court Cr.Misc. No.36358 of 2016 (6) dt.21-11-2016 2/2 petitioner was remanded in the present case on 14.08.2015. Submission on behalf of the petitioner is that brother of the petitioner was killed by some unknown persons and for that Sandesh P.S. Case No. 116 of 2015 was registered on 22.07.2015. It is further submitted that as a matter of fact, when the dead body of brother of the petitioner was recovered, the local police tried to save the real culprits and hot exchange of words took place between the parties and that is the reason, petitioner was implicated not only in the present case but in several other cases also.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody and also taking note of this fact that case of the petitioner is still pending for appearance of other accused, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 182 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T