Arvind Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8177 of 2024 Arising Out of PS. Case No.-1047 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Arvind Prasad Yadav, aged about 39 years, male, Son of Late Kedar Yadav R/v- Maniyara, PS- Muffasil, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate.

For the Opposite Party/s :

Mr. Suman Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Muffasil P.S Case No. 1047 of 2023 registered for the offences punishable under Sections 25(1-B)a, 26 of Arms Act.

3. As per allegation in the FIR, one countrymade pistol loaded with six live cartridges were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that charge-sheet has already been

Patna High Court CR. MISC. No.8177 of 2024(2) dt.19-02-2024 2/3 submitted in this case by the police. It is next submitted that on perusal of seizure list there are no independent witnesses. It is also submitted that petitioner is in judicial custody since 10.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Gaya in connection with Muffasil P.S Case No. 1047 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall

Patna High Court CR. MISC. No.8177 of 2024(2) dt.19-02-2024 3/3 be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Nilmani/- U T