Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12540 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- KATORIYA District- Banka ====================================================== Prakash Yadav Son of Baiju Yadav R/o Village -Balu Kuhka, P.S.- Katoria, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Aditya Nath Pandey, Advocate For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Katoria P.S. Case No. 123 of 2023 instituted for the offence under Sections 25(1-B)a, 25(1-AA), 26(1)(2) & 35 of the Arms Act. 3.

Prosecution case in short is that two country made pistol, several parts of fire arms, iron cutter machine, lathe machine, grander machine, welding machine etc. were recovered.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since he surrender on 22-112023. Petitioner is stated to be man of clean antecedent. 5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.12540 of 2024(2) dt.28-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is the land lord and he has given his house on rent to one Ravi Kumar, who has misused his house. Petitioner has no concern with the recovered arms and ammunitions. 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 clean antecedent of the petitioner, 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 Katoria P.S. Case No. 123 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T