Sanjay Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.36589 of 2015 (3) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36589 of 2015 Arising Out of PS.Case No. -128 Year- 2014 Thana -MANSI District- KHAGARIA ======================================================

1. Sanjay Yadav Son of Sri Ram Prasad Yadav resident of village - Birpur, P.S. Madhepur, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Mansi P.S. Case No. 128 of 2014 registered for the offences punishable under Sections 25(1-B)A, 26/35 of the Arms Act.

Allegedly, from the bag of the petitioner two country made pistol, four live cartridges, one mobile having two sims and cash of Rs. 1780/- were recovered on 17.07.2014. Submission is of false implication and that nothing has been recovered. The recovery has been shown after making plantation and signature of the petitioner was obtained on plain paper which has been converted into alleged seizure list. The petitioner by remaining in custody has sufficiently been penalized

Patna High Court Cr.Misc. No.36589 of 2015 (3) dt.30-11-2015 and in this case chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. Learned APP fairly submits that the petitioner by remaining in custody has sufficiently been penalized. In the facts and circumstances stated above and considering the period of detention, 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. 128 of 2014, 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