Subhas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46759 of 2016 Arising Out of PS.Case No. -189 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Subhas Yadav, S/o Late Maheshwar Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-399 & 402 of the Indian Penal Code.

Petitioner is said to have been caught by police along with others, when he had assembled to make preparation for committing dacoity and it is alleged that one loaded country-made pistol and ten live cartridges were recovered from conscious possession of the petitioner.

Learned counsel for the petitioner submits that for recovery of loaded country-made pistol and cartridges, police lodged a separate case i.e. Mansi P.S. Case No. 190 of 2015 and in the aforesaid Mansi P.S. Case No. 190 of 2015, the petitioner was remanded on 08-09-2015 but later on, he was granted bail by a

Patna High Court Cr.Misc. No.46759 of 2016 (2) dt.25-10-2016 2/2 coordinate bench of this court vide order dated 30-08-2016 passed in Cr. Misc. No. 28757 of 2016. It is further submitted that so far as the present case is concerned; the petitioner was remanded in the present case on 30-10-2015 and since then, he is languishing in jail custody without having any substantial progress in his case. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Mansi P.S. Case No. 189 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Khagaria. (Hemant Kumar Srivastava, J) A.K.V./- U T