Patna High CourtCR. MISC./18652/2021allowed

Tufani Yadav v. The State Of Bihar

2021-12-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18652 of 2021 Arising Out of PS. Case No.-385 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== TUFANI YADAV Son of Ucho Yadav Resident of Village- Naya Tola Mirzapur, P.S.- Madhusudanpur (Nathnagar), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner and Sri Ranjit Ranjan, the learned APP for the State. The petitioner seeks regular bail in connection with Nathnagar (Madhusudanpur) PS case no. 385 of 2020 instituted for the offences punishable under Sections 25(1-b)a & 26 of Arms Act.

The allegation is regarding the petitioner having been caught by the police and upon search, one loaded country made pistol and a live cartridge was recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case on account of his bad criminal antecedent. It is further submitted that the petitioner is languishing in custody since 02.07.2020.

Patna High Court CR. MISC. No.18652 of 2021(3) dt.06-12-2021 2/2 Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M. 1st, Bhagalpur in connection with Nathnagar (Madhusudanpur) PS case no. 385 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T