Sahdeo Yadav @ Sahdeo @ Sadhu Yadav @ Satyadeo Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27750 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -KHIJARSARAI District- GAYA ====================================================== Sahdeo Yadav @ Sahdeo @ Sadhu Yadav @ Satyadeo Prasad, Son of Late Devan Yadav @ Dev Nandan Yadav @ Deo Narayan Gope, Resident of Village-Narayanpur, P.S. Hulasganj, District-Jehanabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Khizarsarai P.S. Case No. 41 of 2016, registered under Sections 147, 148, 149, 386, 121, 122, 124A of the Indian Penal Code, Section 25(1-b)a/26/35 of the Arms Act, Section 17 of the C.L.A. Act and Section 13, 16, 18, 20 of U.A.P. Act. The accusation is that on receiving secret information, Police raided the house of Dasai Manjhi, where three persons were apprehended, who disclosed their names as Rakesh Kumar, Sudhir Yadav and Dasai Manjhi while rest succeeded to flee away. On query, Rakesh Kumar disclosed that the arms and ammunitions are kept in the house of the petitioner
Patna High Court Cr.Misc. No.27750 of 2016 (2) dt.12-07-2016 2/2 then house of the petitioner was raided and one country made katta and five live cartridges recovered.
Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that at the time of raid at the house of the petitioner, he was not present there. The seizure-list does not bear the signature of any family members of the petitioner. Moreover, petitioner having no criminal antecedent is in custody since 01.05.2016 on surrender in the trial Court. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) two sureties of the like amount each to the satisfaction of the A.C.J.M-III, Gaya in connection with Khizarsarai P.S. Case No. 41 of 2016. Out of two sureties, one surety must be the parents/close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.
(Rajendra Kumar Mishra, J.) manish/- U T