Arjun Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.17994 of 2017 (2) dt.12-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17994 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ====================================================== Arjun Yadav, Son of Late Danal Yadav, resident of Village- Tartar Marpa Tola, P.S.- Ghoswari, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bharat Lal, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.01.2017 in connection with Sheikhpura P.S. Case No. 12 of 2017 for the offences alleged under Sections 147, 148, 149, 341, 323, 307 and 353 of the Indian Penal Code and Section 27/30 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on the accusation of recovery of the licensed rifle and cartridges. There is no accusation of any overt act attributed to the petitioner and no injury has been sustained by anyone. The informant is not an eye-witness to the occurrence and there is no material to show that any firing was made by the petitioner's licenced rifle. The petitioner is on bail in respect of other prior cases in which he has been made accused.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 12 of 2017 with the following conditions:-

Patna High Court Cr.Misc. No.17994 of 2017 (2) dt.12-04-2017 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T