Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.747 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -GURARU District- GAYA ====================================================== Sanjay Yadav son of Sh. Chandradeo Yadav, residents of village- Dihuri, P.S.- Konch, District- Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-01-2017 Heard learned counsels for the petitioner and the State.
Petitioner is accused in Guraru P.S. Case No. 48 of 2016 registered for the offence under sections 147, 148, 149, 321, 341, 435, 511, 386, 387, 504, 506 read with 120B of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act, Section 17 of the C.L.A. Act and sections 13, 16, 18 & 20 of the U.A.P.A. Act.
Petitioner is in custody since 16.06.2016 on the accusation that a loaded country made pistol and a mobile phone was recovered from his conscious possession when he alongwith others had gone to collect levy from the employee of a construction company.
Learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.747 of 2017 (2) dt.13-01-2017 2/2 seizure list neither bears the signature of any independent witness nor mentions anything about the loaded pistol. Learned counsel further submits that similarly situated co-accused has been granted bail by this Court vide order dated 23.12.206, passed in Cr. Misc. No. 45414 of 2016. Learned counsel has produced the certified copy of the aforesaid order, which is kept on record. Considering the facts and circumstances of the case specially the fact that co-accused has been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rohit Kumar, Judicial Magistrate, 1st Class, Gaya in connection with Guraru P.S. Case No. 48 of 2016.
(Arvind Srivastava, J) Manish/- U T