Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67668 of 2019 Arising Out of PS. Case No.-221 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== SHANKAR YADAV S/o Suresh Yadav R/o village- Fulaut Paschimi, Ward No. 02, P.S.- Chausa (Fulaut O.P.), District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Chausa (Fulaut O.P.) P.S. Case No. 221 of 2019, disclosing the offence under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.

It was on a secret information that some miscreants had assembled to commit dacoity, the police are said to have conducted a raid. In course of raid so conducted by the police, four persons were apprehended while one managed to escape. They were using a Bolero vehicle for their movement. The petitioner was one of them arrested by the police. On search, the police recovered from the possession of co-accused Pawan Yadav one country-made pistol and live cartridges and from Fulo Yadav some live cartridges were recovered.

Patna High Court CR. MISC. No.67668 of 2019(2) dt.11-12-2019 2/2 Learned counsel appearing on behalf of the petitioner has submitted that no weapon was recovered from the possession of this petitioner and his implication is based only on the ground that he was also found along with other persons named in the FIR.

Considering the facts and circumstances noted above and the statement made in paragraph 3 of the application that the petitioner has no criminal antecedent and he has remained in custody since 25.07.2019, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned SDJM, UdaKishunganj, Madhepura in Chausa (Fulaut O.P.) P.S. Case No. 221 of 2019.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T