Patna High CourtCR. MISC./13424/2018bail granted

Ramashish Yadav v. The State Of Bihar

2018-04-12Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.13424 of 2018 (4) dt.12-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13424 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -ATRI District- GAYA ====================================================== Ramashish Yadav, Son of Chandradeep Yadav, Resident of VillageChakra, P.S. Atri, District- Gaya ... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Sinha, Advocate For the State : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard counsel for the petitioner and APP for the State. Petitioner is accused in a case registered for offence under sections 399, 402, 414 of the IPC and under sections 25(1b)a, 26/35 of the Arms Act. Learned counsel for the petitioner submits that the allegation is that during course of planning to commit dacoity, police raided a place from where certain miscreants started fleeing away. It is submitted that the petitioner has not been arrested from the spot and he has falsely been implicated in this case merely because one of the arrested persons took his name. He disputes and denies the recovery of fire arms as seizure was not conducted in accordance with law. Petitioner is in custody in the instant case since 10.12.2017. Prior to the lodging of this case, he is not accused in other case.

In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.13424 of 2018 (4) dt.12-04-2018 bail of the petitioner 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 the Additional Chief Judicial Magistrate I, Gaya in PS.Case No. -305 Year- 2017 Thana - ATRI District- GAYA on the following conditions:- (a) 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.

(b) The petitioner will be well represented on each date and if he fail to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

U T