Santosh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.22341 of 2016 (2) dt.05-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22341 of 2016 Arising Out of PS.Case No. -239 Year- 2015 Thana -MANSI District- KHAGARIA ======================================================

1. Santosh Yadav S/o Late Hishabi Yadav, resident of Village- Khutiya, P.S.- Mansi, District- Khagaria, Permanent Address- Bihari Marr Tola, Tikarampur, P.S.- Muffasil, District- Munger.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

As prayed for, learned counsel for the petitioner is permitted to make correction in the address portion of the petitioner.

The petitioner seeks bail in connection with Mansi P.S. Case No. 239 of 2015 registered for the offences punishable under Sections 25(1-B)a, 26/35 of the Arms Act.

Allegedly, during raid, the petitioner and others were apprehended and from possession of the petitioner one loaded country made pistol, cash of Rs. 30,000/- and Samsung mobile were recovered.

Submission is of false implication and that the petitioner is suffering in custody since 17.12.2015, there is no

Patna High Court Cr.Misc. No.22341 of 2016 (2) dt.05-07-2016 independent witness, the alleged search and seizure were not done in accordance with law and now by remaining in custody he has sufficiently been penalized.

Learned APP submits that now lenient view may be taken.

In the facts and circumstances stated above, the petitioner above named is directed to 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 the learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 239 of 2015, 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