Bablu Yadav @ Bablu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71355 of 2022 Arising Out of PS. Case No.-149 Year-2022 Thana- DUMRAO District- Buxar ====================================================== BABLU YADAV @ BABLU KUMAR YADAV S/O RAMPATI YADAV @ PATI YADAV Resident of village- Khandara Pandeypur, P.S.- Simri, DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dumaraon P.S. Case No. 149 of 2022 dated 23.03.2022 registered for the offence under Section 412 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

The petitioner is alleged to have been apprehended by the police having possession of looted money of one lakh rupees and a country made pistol along with four live cartridges and also a mobile phone.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. and the seizure list that looted money of one lakh rupees and a

Patna High Court CR. MISC. No.71355 of 2022(2) dt.05-04-2023 2/3 country made pistol along with four live cartridges and also a mobile phone have been recovered from the possession of the petitioner. He further submits that the allegation leveled in the F.I.R. is false and fabricated. Nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since24.03.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Buxar in connection with Dumraon P.S. Case No. 149 of 2022 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.71355 of 2022(2) dt.05-04-2023 3/3 for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T