Akhilesh Kumar Yadav @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3088 of 2023 Arising Out of PS. Case No.-58 Year-2022 Thana- AURAI District- Muzaffarpur ====================================================== Akhilesh Kumar Yadav @ Akhilesh Kumar Son Of Late Ram Dayal Rai R/O Village- Panapur, Tola Airiya, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Fahad Khurshid For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a/ 26/35 of the Arms Act.

The prosecution case, in brief, is that the informant along with police personnel reached at Sasauli village and apprehended the accused persons including the petitioner. Upon search, one loaded country made pistol along with live cartridges was recovered from possession of this petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.3088 of 2023(2) dt.03-05-2023 2/2 petitioner has no concern with the alleged arms which was seized by the police or with the co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 23.3.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Aurai P.S. Case No. 58 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class (East), Muzaffarpur.

T(Sunil Kumar Panwar, J) Amandeep/- U T