Sunil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76254 of 2024 Arising Out of PS. Case No.-407 Year-2024 Thana- AMARPUR District- Banka ====================================================== Sunil Yadav S/o- Late Pulkit Yadav Resident Of Village- Badi Jankipur, PsAmarpur, Dist- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Adv.
For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-10-2024 Heard Mr. Praveen Kumar, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Amarpur P.S. Case No. 407 25(1-b)a, 26 of the Arms Act, lodged on 22.06.2024 by the informant, Pankaj Kumar Jha.
3. As per the prosecution story, the informant alleged that this accused was roaming near Pawai Chowk, Banka, in a suspicious condition, the police intercepted and upon search, a country made pistol and a live cartridge from his pocket. Accordingly, the FIR.
4. It is the case of the petitioner that the police implicated him and made out a case by putting in arms/cartridge for which, he has already remained in custody since 23.06.2024 (para-6) of the petition. Further submission is that he will be
Patna High Court CR. MISC. No.76254 of 2024(2) dt.28-10-2024 2/3 diligently appearing in the trial.
5. Learned APP opposes the prayer.
6. Taking into account the aforesaid facts as also his period of custody and further the undertaking that he shall be diligently appearing in the trial, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with aforesaid P.S. Case subject to the following conditions: (i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.76254 of 2024(2) dt.28-10-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U T