Bhola Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3983 of 2019 Arising Out of PS. Case No.-756 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Bhola Kumar Yadav-Male age about-22 years son of Jagarnath Yadav VillChuhari, P.S-Chanpatiya, Dist.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bettiah Town P.S. Case No. 756 of 2018 for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. The allegation is regarding the police having got information that certain people are hatching a plan to commit some crime, whereupon three accused persons were arrested and arms were recovered. Subsequently, the police is stated to have raided the shop of a co-accused namely, Sushil Ram as also the adjacent house of the petitioner and one stolen motorcycle was recovered.

Patna High Court Cr.Misc. No.3983 of 2019(2) dt.28-01-2019 2/2 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the petitioner is having a clean antecedent. It is further submitted that the petitioner has stated in paragraph-10 of the bail petition that the said adjacent hut has been rented out by the petitioner to one Sushil Ram who used to keep his articles in the said hut, hence if any article was recovered from there, the petitioner is not responsible and it is co-accused Sushil Ram, who kept the articles there and not the petitioner herein. The petitioner is languishing in custody since 15.12.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 756 of 2018. (Mohit Kumar Shah, J) Tiwary/- U T