Sanjay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55539 of 2017 Arising Out of PS.Case No. -244 Year- 2017 Thana -NAUTAN District- WEST CHAMPARAN (BETTIAH) =====================================

1. Sanjay Yadav

2. Molayam Yadav

3. Dara Yadav All Sons Indal Yadav, All R/o Village- Budhwaliya, P.S.- Nautan, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mrs. Veena Kumari Jaiswal ===================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This is a case registered for the offence punishable under Sections 25 (1-B)A, 26 and 35 of the Arms Act.

It is submitted on behalf of the petitioners that the allegation is of recovery of three country made guns and some cartridges from the ground in the premises of the

Patna High Court Cr.Misc. No.55539 of 2017 (3) dt.12-12-2017 2/3 petitioners' house. It has further been submitted that the petitioners have been falsely implicated in this case at the instance of the Mukhiya, as they were objecting for cutting of soil from their lands. In support of his submission, learned Counsel for the petitioners draws attention of this Court towards details of the cases mentioned in paragraph 3 of the application, wherein, the entire family including the male members of the petitioners' family have been randomly implicated in various cases, three of which are of the same date.

The investigation in the case is complete and the charge-sheet has been submitted. The petitioners are in custody since 22.06.2017.

Considering the aforesaid circumstances, the prayer for bail of the petitioners is allowed. Let the petitioners, above named, be released on bail on their furnishing bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah (West Champaran), in connection with Nautan P.S. Case No. 244 of 2017, subject to the conditions: (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The

Patna High Court Cr.Misc. No.55539 of 2017 (3) dt.12-12-2017 3/3 bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Madhuresh Prasad, J) Praveen-II/- U T