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Patna High CourtCR. MISC./8884/2023allowed

Raghunandan Yadav v. The State Of Bihar

2023-04-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8884 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- GOGRI District- Khagaria ====================================================== Raghunandan Yadav Son Of Late Tetar Yadav @ Late Tetar Prasad Yadav R/O Village- Bhuriya, P.S.- Gogri, District- Khagaria ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22932 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- GOGRI District- Khagaria ====================================================== Ajit Yadav Son Of Sri Raghunandan Yadav Village- Bhuriya Ps- Gogri DistKhagaria ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 8884 of 2023) For the Petitioner/s :

Mr.Roshan Kumar Mishra For the Opposite Party/s :

Mr.Arun Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 22932 of 2023) For the Petitioner/s :

Mr.Roshan Kumar Mishra For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26(i), 35

Patna High Court CR. MISC. No.8884 of 2023(2) dt.20-04-2023 2/3 of Arms Act.

It is a case of recovery of one country made pistol and one live cartridge from the house of petitioners, beneath the pillow.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case due to high handedness of the police. Nothing incriminating has been recovered from the conscious possession of the petitioners. There is no independent witness of the alleged seizure. It is also submitted that petitioners are languishing in judicial custody since 05.07.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail.

Patna High Court CR. MISC. No.8884 of 2023(2) dt.20-04-2023 3/3 The above named petitioners are directed to be enlarged on bail in connection with Gogri P.S. Case No. 175 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.

(Sunil Kumar Panwar, J) Nirajkrs/- U T