Mohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4397 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Mohit Yadav SON OF Sunil Yadav Resident Of Village- Bishunpura, PsBhatpar Rani, Distt- Deoria UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and sections 25 (1-b)a, 26(i)/35 of the Arms Act.

3. Prosecution case relates to gathering of 5-6 antisocial elements for hatching a conspiracy. Acting on a tip off, police party proceeded towards the place of occurrence and apprehended six accused persons including the petitioner, on interrogation, they could not give any satisfactory answer for their gathering and recovered arms from their possession. On search, one country made pistol loaded with three live cartridges, mobile, yellow colour half

Patna High Court CR. MISC. No.4397 of 2024(2) dt.08-02-2024 2/3 shirt was recovered from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The Vehicle in question belongs to Shubham Chaurasia (co-accused) who was also arrested on spot. Save and except suspicion, no consistent material has come during investigation to show the involvement of the petitioner in the present case. Similarly situated other accused person, namely, Shubham Chaurasia has already been enlarged on bail by this Court vide order dated 9.10.20923 passed in Cr. Misc. No. 62782 of 2023. Petitioner is languishing in judicial custody since 17.7.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.4397 of 2024(2) dt.08-02-2024 3/3 of the learned Additional Sessions Judge-III, Gopalganj in connection with Mirganj P.S. Case No. 264 of 2023. (Sunil Kumar Panwar, J) sushma/- U