In a criminal miscellaneous matter, the Patna High Court granted bail to the petitioner, a motorcyclist accused of possession of a country-made pistol and cartridges under the Arms Act and Section 414 IPC, subject to conditions.
Petitioner be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6863 of 2022
Arising Out of PS. Case No.-111 Year-2021 Thana- LAKHNAUR District- Madhubani
======================================================
CHANDAN KUMAR YADAV S/o Dharamev Yadav @ Dharamdev R/VRaja Kharwar, P.S. - Sakatpur (Tardih), District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar For the Opposite Party/s : Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 04-07-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Lakhaur P.S. Case No. 111 of 2021, G.R. No. 1125 of 2021 registered for the offences punishable under Section 414 of the Indian Penal Code read with Sections 25(1-B), a/26 of the Arms Act.
As per prosecution case, on 03.07.2021 informant (S.I.) got secret information that Ranjeet Yadav along with his four years daughter Laxmi Kumari was hit by motorcycle. When police party reached, one boy tried to flee away hastily seeing the police force but he was caught. On query he disclosed his name as Chandan Kumar Yadav who is present petitioner. As
Patna High Court CR. MISC. No.6863 of 2022(2) dt.04-07-2022 2/3
per seizure list, one country made pistol along with cartridge as well as motorcycle in question were recovered from possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is in custody since 04.07.2021. Petitioner bears criminal antecedent of three cases in which he is on bail in one case. Charge-sheet has already been submitted in the case and there is no likelihood of tampering the prosecution evidence. He further submits that petitioner is quite innocent and he has committed no offence and has falsely been implicated in the present case by the informant.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge-sheet has already been submitted and also taking into consideration the material available on record, let the petitioner above named 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 satisfaction of learned A.C.J.M. 1st , Jhanjharpur, District Madhubani in connection with Lakhnaur P.S. Case No. 111 of 2021, G.R. No. 1125/2021 subject to following conditions:-
Patna High Court CR. MISC. No.6863 of 2022(2) dt.04-07-2022 3/3
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
shahzad/amit
1 issue framed by the court
Whether the petitioner should be granted bail in connection with the GR case under Section 414 IPC read with Arms Act.
Chandan Kumar Yadav
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
