Dadani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.260 of 2025 Arising out of PS. Case No.-4 Year-2024 Thana- Ramdas Rai Ka Dera District- Buxar ====================================================== Dadani Yadav, Son of Late Jangi Yadav, Resident of Village- Suchit Ke Dera, P.S.- Ramdas Rai Ke Dera, Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh, Advocate For the Opposite Party/s:

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in connection with Ramdas Rai Ke Dera P.S. Case No. 04 of 2024 instituted for the offences under Sections 25(1-b)a/26 of the Arms Act.

3. The prosecution case is to the effect that on 13.09.2024, the police personnel during inquiry of another case reached the house of the petitioner, Dadani Yadav and during search one 0.315 Rifle and five live cartridges were recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and though he was a licence holder of the said arms, on search he was not able to show the same, therefore, he has been falsely implicated in

2/4 this case. Learned counsel for the petitioner further submits that petitioner was a bona fide licence holder of the arms which is annexed as Annexure-P2 but from perusal of the same it appears that the period of license has lapsed. Learned counsel for the petitioner also submits that the petitioner carries a long list of criminal antecedents which is mentioned in paragraph 3 of the bail petition but the petitioner is in custody since 14.09.2024. It is lastly submitted by learned counsel for the petitioner that petitioner is ready to abide by any terms and conditions for enlargement of bail.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has pointed out that the petitioner is having so many criminal antecedents which is evident from paragraph 3 of the bail application as such the petitioner should not be let off.

6. Considering the aforesaid submissions of respective counsels and the fact that petitioner has remained in custody since 14.09.2024 and one rifle has been recovered from his house for which petitioner once possessed licence though the same has lapsed, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

3/4 satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Ramdas Ke Dera P.S. Case No. 04 of 2024, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) If any subsequent case of similar nature is lodged against the petitioner, the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner.

7. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Buxar within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months.

4/4 The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. (Sourendra Pandey, J) Vikash/- U T