Patna High CourtCR. REV./76/2020allowed

Pikku Yadav v. The State Of Bihar

2020-06-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.76 of 2020 Arising Out of PS. Case No.-254 Year-2018 Thana- PIRPAINTI District- Bhagalpur ====================================================== Pikku Yadav, Son of Late Ramdeo Yadav @ Pamdeo Yadav Resident of Village-Bakia diara, P.S.-Barari, District-Katihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Singh, Advocate For the Respondent/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-06-2020 Heard learned counsel for the petitioner and learned counsel for the State through virtual court proceeding. In the present case, the petitioner is challenging the order dated 20.12.2019 passed in Cr. Appeal No. 79 of 2019 by Additional District and Sessions Judge-VI, Bhagalpur by which prayer for bail of the petitioner has been rejected. The petitioner has been convicted by order dated 23.10.2019 passed in G.R. Case No.6364 of 2018 by Additional Chief Judicial Magistrate-XI, Bhagalpur under Sections 25 (1B) a & 26 of the Arms Act and has been sentenced to undergo rigorous imprisonment for three years with fine under Section 25 (1-B)a of the Arms Act and rigorous imprisonment for three years with fine under Section 26 of the Arms Act, however, both the sentences have been ordered to run concurrently.

Patna High Court CR. REV. No.76 of 2020(3) dt.18-06-2020 2/2 Counsel for the petitioner submits that there is perversity in the finding of the court below, at the same time, he has remained in judicial custody for more than one and half years.

Considering the facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-VI, Bhagalpur in connection with Criminal Appeal No. 79 of 2019 arising out of Pirpainti P.S. Case No. 254 of 2018.

(Shivaji Pandey, J) V.K.Pandey/- U T