Sipahi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64684 of 2021 Arising Out of PS. Case No.-970 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Sipahi Yadav S/o Late Pitamber Yadav, R/o village- Mathar Jangali Mandal Tolla, P.S.- Mufassil (Khagaria), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 970 of 2020, lodged under Sections 25(1-AA)B/26(i) of Arms Act.

As per prosecution case, the recovery of 3 pistols and other articles with the help of which the arms used to be manufactured have been made from the house of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He also submits that petitioner has not been apprehended from the place of occurrence which has been transpired from the content of the

Patna High Court CR. MISC. No.64684 of 2021(7) dt.01-12-2022 2/3 F.I.R. itself. Learned counsel also submits that petitioner is in custody since 29.01.2021 having one criminal antecedent of similar nature in which he is on bail. He also submits that charge-sheet has already been filed in the present case and evidence of prosecution witnesses are going on. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 970 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed. In case of non-appearance for two consecutive dates without sufficient cause, his bail shall be cancelled. B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

Patna High Court CR. MISC. No.64684 of 2021(7) dt.01-12-2022 3/3 C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T