Patna High CourtCR. MISC./6325/2025bail granted

Surendra Yadav @ Bhola @ Piyush @ Rius v. The State Of Bihar

2025-05-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6325 of 2025 Arising Out of PS. Case No.-328 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Surendra Yadav @ Bhola @ Piyush @ Rius S/o Mogal yadav R/o Sahebganj, Derwa, P.S.- Gopalpur, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Deepankar Raj, Advocate For the State :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, upon raid, four accused persons were apprehended with illegal arms and ammunition and one of them disclosed that the arms and ammunition in question were supplied by this petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely on the basis of confessional statement of co-accused person. Save and except confessional statement, there is no material on record to

Patna High Court CR. MISC. No.6325 of 2025(3) dt.16-05-2025 2/2 show the complicity of this petitioner in the alleged occurrence. No incriminating article has been recovered from conscious possession of this petitioner. Charge-sheet has already been submitted and the petitioner has been remanded in this case on 14.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XVI, Gopalganj in connection with Fulwariya P.S. Case No. 328 of 2023.

(Prabhat Kumar Singh, J) shashank/- U T