Allowed

Indradeo Yadav v. The State of Bihar

Patna HC22 Jul 2022CR. MISC./18125/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner, an inmate under the Arms Act, noting no recovery of weapons from him. The court imposed strict conditions including fortnight police appearances and family sureties, allowing the application after observing his controversy-free custody history.

What did the court decide?

The petitioner was released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount, subject to fortnightly police reporting and regular court appearances.

Indradeo Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18125 of 2022

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Arising Out of PS. Case No.-39 Year-2022 Thana- LAKHISARAI District- Lakhisarai

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======================================================

¶4

Indradeo Yadav Son of Late Bisho Yadav Resident of Golbhatta, P.S.Barahiya, District - Lakhisarai.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Deepak Sahay Jamuar, Advocate For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 22-07-2022

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Heard Mr. Deepak Sahay Jamuar, learned counsel

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for the petitioner and Mr. Bharat Bhushan, learned APP who represents the State in Virtual Court Proceeding.

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Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

¶15

The petitioner is in custody in connection with Lakhisarai (Amahara) P.S. Case No. 39 of 2022 under sections 25(1-B)a/26/35 of the Arms Act.

¶16

The allegation in the FIR is that police raided the hut whereafter two persons tried to escape, one of them was the petitioner herein. Upon search, from co-accused Md. Sharauddin a loaded pistol was recovered/seized.

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As per the FIR, nothing has been recovered/seized

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Patna High Court CR. MISC. No.18125 of 2022(2) dt.22-07-2022 2/3

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from this petitioner.

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Taking into account the aforesaid facts that there is no recovery/seizure from this petitioner, he is in jail since 15.1.2022 (as stated in para-09 of the bail application) and charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail with certain conditions in view of the fact that he has criminal antecedent.

¶21

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai (Amahara) P.S. Case No. 39 of 2022 subject to the following conditions:

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(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

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(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

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(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

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Patna High Court CR. MISC. No.18125 of 2022(2) dt.22-07-2022 3/3

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(iv) the petitioner shall desist from committing any

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criminal offence again, failing which the State shall be at liberty

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to take steps for cancellation of his bail bonds.

¶29

With the aforesaid observations, the bail application is

allowed.

(Rajiv Roy, J)

Ravi/-

U T

Indradeo Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Indradeo Yadav v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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