Atto Yadav @ Ato Yadav vs The State Of Bihar
2021 Latest Caselaw 815 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 34015 of 2020
         Arising Out of PS Case No.-128 Year-2019 Thana- JHAJHA District- Jamui
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Atto Yadav @ Ato Yadav, Gender- Male, Aged about 26 years, Son of Shiv Dhari Yadav, Resident of Village - Jurabganj, Police Station- Korha, District- Katihar.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s      :        Mr. Sanjay Kumar No. 7, Advocate
For the State             :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Sanjay Kumar No. 7, learned counsel for

the petitioner and Mr. Md. Arif, learned In-charge Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner is in custody in connection with Jhajha

PS Case No. 128 of 2019 dated 10.05.2019, instituted under

Sections 25(1-B)(a) and 26 of the Arms Act, 1959.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 13.12.2019 in Cr.

Misc. No. 82739 of 2019.

Patna High Court CR. MISC. No.34015 of 2020 dt.10-02-2021

5. The petitioner was caught by the public and the

allegation is that he was the person, who had snatched money

which was taken out by a lady from the Bank, and the purse of the

lady containing Rs. 47,000/- and also countrymade pistol along

with one cartridge and a metal object was recovered from him.

6. Learned counsel for the petitioner submitted that for

the same offence, two cases were lodged; one the present case

under the Arms Act and another case with regard to recovery of

money. It was submitted that the petitioner does not have any

other criminal antecedent and is in custody since 10.05.2019.

7. Learned APP submitted that the firearms and bag

containing the money has been recovered from the petitioner.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Sub Divisional

Judicial Magistrate, Jamui in Jhajha PS Case No. 128 of 2019

subject to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the petitioner,

and (iii) that the petitioner shall also give an undertaking to the Patna High Court CR. MISC. No.34015 of 2020 dt.10-02-2021

Court that he shall not indulge in any illegal/criminal activity, act

in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in the

case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his bail

bonds.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar/Anand Kr.

AFR/NAFR U T