Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3991 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== Santosh Yadav s/o Laxman Yadav @ Gurucharan Yadav Resident of villageKer, P.s.- Konch, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Chandauti PS case no. 122 of 2018 registered for the offence punishable under Sections 25(1-b)a, 26, 35 of Arms Act and 3/4/5 of Explosive Substance Act.

The allegation is regarding the police officials having caught three accused persons near the I.L.F.S. Plant and upon search, one loaded countrymade pistol along with three live cartridges and other articles were recovered. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case on the basis of the disclosure made by the apprehended accused persons. The petitioner is stated to be

Patna High Court Cr.Misc. No.3991 of 2019(2) dt.25-01-2019 2/2 having a clean antecedent and he is languishing in custody since 16.10.2018. Lastly it is submitted that no recovery has been made from the conscious possession of the petitioner and similarly situated co-accused person has already been granted by order dated 05.10.2018 passed in Cr.Misc. no. 56584 of 2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Chandauti PS case no. 122 of 2018. (Mohit Kumar Shah, J) rinkee/- U T