Vinod Kr. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63856 of 2021 Arising Out of PS. Case No.-448 Year-2020 Thana- RAJAON District- Banka ====================================================== 1.

VINOD KR. YADAV Son of Shravan Yadav Resident of Village - Nayatola, Jurabganj, P.S. - Korha, District - Katihar.

2.

Munna Gwala Son of Sharma Gwala Resident of Village - Phota Pokhar, P.S. - Rajganj, Distt - Jalpaiguri, West Bengal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-05-2022 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioners seek regular bail in connection with Rajoun P.S. Case No. 448 of 2020, for the offence punishable under Section 25(1-b)a, 26 and 35 of the Arms Act. The allegation is recovery of one country made pistol and two live cartridges from the possession of petitioners. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely been implicated in this case. The petitioners are in custody since 10.11.2020.

Patna High Court CR. MISC. No.63856 of 2021(2) dt.09-05-2022 2/3 Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, without going into the merits of the case taking into consideration the nature of allegation as well as period of custody undergone by the petitioners, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 448 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioners tamper 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 petitioners.

(4) If the petitioners are found involved in similar nature of offence, after their release on bail, the trial Court shall take steps to cancel his bail bonds.

Patna High Court CR. MISC. No.63856 of 2021(2) dt.09-05-2022 3/3

(5) The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(6) The petitioners will make their attendance before the concerned Police Station under which their house are located every fortnight till conclusion of the trial and on any single default without any valid reasons on the part of the petitioners, their bail bonds shall be cancelled and the concerned SHO of the Police Station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction.

(Purnendu Singh, J) manish/- U T