Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52635 of 2016 Arising Out of PS.Case No. -343 Year- 2015 Thana -BALIA District- BEGUSARAI ======================================================

1. Mukesh Yadav, Son of Late Yogendra Yadav, Resident of VillageRajepur, P.S.- Dandari. At present Resident of Badi Balia, P.S.- Balia, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act. Earlier this Court vide order dated 19.5.2016 passed in Cr. Misc. No. 21150 of 2016 rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after completion of one year in jail custody.

The petitioner is in jail since 29.9.2015 and he has already completed one year in jail custody.

Having considered the facts and circumstances of the case, let petitioner, Mukesh Yadav, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.52635 of 2016 (2) dt.14-12-2016 sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Begusarai in Balia P.S. Case No.343 of 2015, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner i.e. father, mother, son or wife (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail (iii) Petitioner shall mark his presence before the nearest police station by 7th of every month till six months and (vi) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner. (Shivaji Pandey, J) Vinay/- U T