Praveen Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69735 of 2018 Arising Out of PS. Case No.-80 Year-2017 Thana- KHAJAULI District- Madhubani ====================================================== Praveen Kumar Yadav Son of Jitendra Yadav Resident of Village-Narar,P.S. Kaluahi,Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr. Sri Tarun Prasad Mandal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Khajauli P.S. Case No. 80 of 2017 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)A, 26, 35 of the Armas Act.

Allegation against the petitioner is of recovery of one loaded country made pistol and one Apache motorcycle. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. There is no recovery from his possession and he is in custody since 25.05.2018. Similarly placed co-accused have been granted bail by this court in Cr. Misc. No. Cr. Misc. No. 5967 of 2018 vide order dated 27.02.2018 and by co-ordinate Bench of this court in Cr. Misc. No. 49875 of 2017 vide order dated

Patna High Court Cr.Misc. No.69735 of 2018(2) dt.06-12-2018 2/2 17.10.2017.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Madhubani, in connection with Khajauli P.S. Case No. 80 of 2017, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or 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) Rajiv/Manoj U T