← Library
Patna High CourtCR. MISC./3880/2020bail granted

Rohit Yadav v. The State Of Bihar

2020-01-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3880 of 2020 Arising Out of PS. Case No.-523 Year-2019 Thana- SUPAUL District- Supaul ====================================================== ROHIT YADAV Son of Prabhu Yadav Resident of Village- Mugrar, P.S.- Supaul, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Supaul PS case no. 523 of 2019 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act. The allegation is regarding recovery of one countrymade loaded pistol from the possession of co-accused person namely Pramukh Kumar and upon interrogation, he is stated to have disclosed that the said illicit arm was given by the petitioner for its safe custody.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner has no connection with the alleged recovered illicit arms from the co-accused person and he has been roped in the present case

Patna High Court CR. MISC. No.3880 of 2020(2) dt.21-01-2020 2/2 merely upon the confessional statement made by the co-accused person.

Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent and no illicit arms have been recovered from his conscious possession, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Supaul PS case no. 523 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T