Sambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23083 of 2017 Arising Out of PS.Case No. -151 Year- 2015 Thana -KAKO District- JEHANABAD ======================================================

1. Sambhu Yadav, S/o Ram Janam Yadav @ Ram Janam Rai, Resident of Village- Koily Bharao, P.S. Minapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kako P.S.Case No.151 of 2015 registered for offences punishable under Sections 25(1-b)A, & 26 of the Arms Act.

As per F.I.R. the allegation is that one country-made Pistol has been recovered from the Truck and the petitioner is Driver of the said Truck.

It is submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and he has clean antecedent and remained in custody for about 5 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of clean antecedent of the petitioner and he has remained in custody for about 5 1⁄2

Patna High Court Cr.Misc. No.23083 of 2017 (2) dt.17-05-2017 2/2 months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Rajak, Sub Judge-4, Jehanabad in connection with Kako P.S.Case No.151 of 2015. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T