Bouki Yadav @ Ravi Yadav @ Ravi Kumar @ Baukli Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63841 of 2018 Arising Out of PS.Case No. -31 Year- 2017 Thana -JAGDISHPUR District- BHAGALPUR ======================================================

1. Bouki Yadav @ Ravi Yadav @ Ravi Kumar @ Baukli Yadav, Son of Gobardhan Yadav, Resident of Village- Khutaha, Police Station- Lodipur, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nath, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Jagdishpur P.S.Case No. 31 of 2017, G.R. No. 436 of 2017 (A), registered for offences punishable under Sections 25 (1-B) A AND 26/35 of the Arms Act.

Allegation against the petitioner as per F.I.R. is that after getting information that during the course of immersion of Saraswati Idol, some miscreants were creating nuisance and firing and when the informant along with other police officials reached and apprehended one co-accused Dipak Kumar Das from whom possession, one country made pistol has been recovered and

Patna High Court Cr.Misc. No.63841 of 2018 (2) dt.25-10-2018 2/3 disclosed the name of the petitioner and accordingly, a seizure list has been prepared.

Submission of the learned counsel for the petitioner that he has been falsely been implicated in this case and nothing has been recovered from the possession of the petitioner, except the confessional statement of co-accused, Dipak Kumar Das and the petitioner is in custody since 03.07.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S.Case No. 31 of 2017, G.R. No. 436 of 2017 (A), subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

Patna High Court Cr.Misc. No.63841 of 2018 (2) dt.25-10-2018 3/3 iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T