Ranjeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16257 of 2024 Arising Out of PS. Case No.-100 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== 1.
Ranjeet Yadav S/O Jawhar Yadav Village- Nayatola, Baluahi, Ps. And Dist. Khagaria.
2.
Keshav Ishwar @ Aditya Raj S/O Ranjeet Ishwar Village- Bakhri, Ps. Bakhri, Dist. Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Budhilal Yadav For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case instituted for the offence under Sections 25(8), 26(i)(2), 35 of the Arms Act.
3. Prosecution case relates to recovery of one country made pistol and nine live cartridges from possession of petitioner no. 1. From possession of petitioner no. 2 one knife and four live cartridges were recovered. These two petitioners along with three other accused persons were riding on XUV four wheeler vehicle and it came to light on the basis of secret information that they were going to commit a crime.
Patna High Court CR. MISC. No.16257 of 2024(3) dt.15-05-2024 2/2
4. It is submitted by learned counsel for the petitioners that petitioner has been falsely implicated in this case. Petitioners are no way connected with the co-accused persons because they are simply the passengers of the said vehicle. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioners are languishing in judicial custody since 5.8.2023.
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 petitioners on bail. The above named petitioners are directed to be enlarged on bail after framing of charge, if not framed, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM IV Khagaria in connection with Morkahi P.S. Case No. 100 of 2023.
(Sunil Kumar Panwar, J) sushma/- U