Ramsewak Yadav @ Ramsevak Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.18735 of 2017 (2) dt.16-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18735 of 2017 Arising Out of PS.Case No. -137 Year- 2016 Thana -LAUKHI District- MADHUBANI ====================================================== Ramsewak Yadav @ Ramsevak Yadav, Son of Dev Nath Yadav, resident of Village- Bagewa, P.S.- Andhramath, Madhubani..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Laukahi P.S. Case No. 137 of 2016 registered for the offences punishable under Sections 25(1-b)A, 26 of the Arms Act.

Allegedly, from possession of the petitioner one country made pistol loaded with .303 cartridge was recovered. Submission is of false implication and that the petitioner has been made victim of circumstances, nothing has been recovered from his conscious possession, without any fault he is suffering in custody since 13.08.2016 though he was arrested on 03.08.2016 and was kept confined in illegal custody.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the custody of the petitioner, the petitioner above named is directed to

Patna High Court Cr.Misc. No.18735 of 2017 (2) dt.16-05-2017 be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S. K. Roy, J. M. Ist Class, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 137 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T