Dayanand Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65551 of 2021 Arising Out of PS. Case No.-112 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Dayanand Prasad, Son of Late Lalo Mahto, Resident of Village - Rahincha, P.S. - Shekhopur Sarai, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhim Sen Prasad, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Shekhopur Sarai P.S. Case No. 112 of 2021 registered for the alleged offences under Sections 25(1-b)a, 26/35 of the Arms Act.

Allegedly, from the house of the petitioner, a country made rifle, a country made pistol and 25 live cartridges were recovered.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.65551 of 2021(3) dt.06-07-2022 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. He is a simple farmer. The petitioner has got no criminal antecedent and the charge sheet has been submitted in this case. The petitioner is in custody since 24.07.2021. Learned APP opposes the prayer for bail.

Having regard to the submissions made hereinabove and considering the fact that the charge-sheet has been submitted and further considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 112 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be

Patna High Court CR. MISC. No.65551 of 2021(3) dt.06-07-2022 3/3 cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T