Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 12423 of 2018 Arising Out of PS.Case No. -233 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Dinesh Yadav, Son of Bhikhari Yadav, Resident of Village- Dhamana, P.S.- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Prakash Mahto, Advocate For the S t a t e : Mr Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 25, 26, 35 of the Arms Act.

It is submitted by the petitioner's counsel that during course of investigation of Jhajha Police Station (for brevity, PS) Case No 228 of 2017, the petitioner has falsely been implicated in this case by attributing recovery of one country made pistol and two live cartridges and is in custody since 24.08.2017. It is further submitted that till date, he has not been remanded in the said Jhajha PS Case No 228 of 2017. Other than that, the petitioner was accused in two cases earlier, and in both the cases, he has already been acquitted. The charge sheet has already been

Patna High Court Cr.Misc. No.12423 of 2018 (3) dt.05-04-2018 2/2 submitted in the instant case.

Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Jhajha PS Case No 233 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T