Ram Sevak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78689 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- NIRMALI District- Supaul ====================================================== Ram Sevak Yadav Son of Dev Nath Yadav R/O Village- Bageba, Ward No.15, P.S.- Andharamath, District- Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nirmali P.S. Case No. 95 of 2023 instituted for the offences under Sections 411, 413 of the Indian Penal Code as well as Section 25(1-b)a, 26 of the Arms Act.

3. The prosecution case, in short, is that on receipt of secret information, the Informant reached at the place of occurrence. On seeing the police party, one person tried to flee away on motorcycle but, he was apprehended. On inquiry, he revealed his name as the petitioner. On search, one countrymade pistol loaded with one cartridge, three other live cartridges, four mobile phones and a motorcycle were recovered

Patna High Court CR. MISC. No.78689 of 2023(2) dt.07-12-2023 2/3 from his direct possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has altogether five criminal antecedents out of which in four of them, he is on bail. The petitioner is languishing in judicial custody since 11.05.2023. Charge-sheet has been submitted by the police in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Nirmali P.S. Case No. 95 of 2023, subject to the following conditions; (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(iii) If the petitioner repeats the same offence as

Patna High Court CR. MISC. No.78689 of 2023(2) dt.07-12-2023 3/3 alleged in this case in future, the Trial Court will again be at liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) rishi/- U T