Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67237 of 2019 Arising Out of PS. Case No.-173 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

Rohit Yadav, S/o Late Kallu Yadav, 2.

Sagar Kumar, S/o Kranti Yadav @ Karanti Yadav, Both R/o village- Nayatola Jorabganj, P.S.- Kodha, District- Katihar ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking regular bail in connection with Laheriasarai P.S. Case No. 173 of 2019 registered for the offences punishable under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 25(1B)(a), 26, 35 of the Arms Act. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that nothing incriminating has been recovered from the possession of these petitioners. Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.67237 of 2019(2) dt.13-01-2020 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that as per allegation one country made pistol with live cartridge has been recovered from the possession of the petitioners, however, the petitioners have remained in custody over eight months by now, the investigation against them is complete and the charge-sheet already filed, let the petitioners above named be released on bail in connection with Laheriasarai P.S. Case No. 173 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or

Patna High Court CR. MISC. No.67237 of 2019(2) dt.13-01-2020 3/3 tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/-vats U T