Mantu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9074 of 2023 Arising Out of PS. Case No.-323 Year-2022 Thana- SIKTI District- Araria ====================================================== Mantu Yadav S/O Late Jai Narayan Yadav R/V- Tira Khardah, Ward No. 2, P.S.- Sikty, District- Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Sharma For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 of Arms Act.
The prosecution case in nutshell is that when police went to apprehend the accused in connection with Sikty P.S. Case No. 322 of 2022, namely, Ashish Kumar Yadav, petitioner was found fleeing away from his
Patna High Court CR. MISC. No.9074 of 2023(2) dt.17-04-2023 2/3 house. He was intercepted and on search a country made Masket was recovered from his house.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that recovery has been shown from the house which is of joint possession. He has no concern with the seized masket. It is further submitted that petitioner is a special privileged person/ disabled person. Moreover, the petitioner is languishing in judicial custody since7.12.2022.
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 petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sikty P.S. Case No. 323 of 2022
Patna High Court CR. MISC. No.9074 of 2023(2) dt.17-04-2023 3/3 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Araria.
(Sunil Kumar Panwar, J) Nirajkrs/- U T