Chandra Mani Yadav@Chandramani Yadav@Chano Yadav @Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41038 of 2016 Arising Out of PS.Case No. -343 Year- 2015 Thana -BALIA District- BEGUSARAI ====================================================== Chandra Mani Yadav @ Chandramani Yadav @ Chano Yadav @ Chandan Yadav, Son of Harilal Yadav, Resident of Village- Phulwaria, P.S.- Balia, District- Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner : Mr. Pritish Kumar Lal, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 29.09.2015 in connection with Balia P.S. Case No. 343 of 2015 for the offences alleged under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and except a country made pistol and seven cartridges, no other incriminating articles have been recovered from his conscious possession. It is stated that no one has sustained any injury in the firing. The petitioner has already suffered for one year in custody.

4. 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 Sri Pushpendra Kumar Pandey, learned Judicial Magistrate, Ist Class, Begusarai, in connection with Balia P.S. Case No. 343 of 2015 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.41038 of 2016 (2) dt.30-09-2016 2/2 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. (Vikash Jain, J) B.T/Ibrar U T