Yogesh Prakash Singh @ Happy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10098 of 2024 Arising Out of PS. Case No.-137 Year-2023 Thana- SIKRAUL District- Buxar ====================================================== YOGESH PRAKASH SINGH @ HAPPY S/o Jitendra Singh Resident of Village-Awadhi, P.S.-Dawath, District-Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sikraul P.S. Case No. 137 of 2023 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act.
3. As per prosecution case, one country made pistol and two live cartridges were recovered from the possession of the petitioner.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-12-2023. Petitioner bear one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner's
Patna High Court CR. MISC. No.10098 of 2024(4) dt.21-06-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered articles. There is no compliance of Section 100 of Cr. P.C. Charge sheet has already been submitted in this case. Coaccused has been granted bail by this Court vide order dated 21.02.2024 passed in Cr. Misc. No. 10194 of 2024.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sikraul P.S. Case No. 137 of 2023.
(Rudra Prakash Mishra, J) Prakash/- U