Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11881 of 2019 Arising Out of PS. Case No.-543 Year-2017 Thana- BIHPUR District- Bhagalpur ====================================================== Bipin Yadav Son of Late Chandrika Yadav R/o village- Ganaul, P.S- Bihpur ( Bhawanipur), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Upadhyay For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Bihpur PS case no. 543 of 2017 registered for the offence punishable under Sections 25(1-b)A/26 of Arms Act. The allegation is regarding recovery of one countrymade pistol and 20 live cartridges from the petitioner herein.

The learned counsel for the petitioner submits that there is no independent witness to the seizure, hence seizure is vitiated in law. It is further submitted that the petitioner has been falsely implicated in the present case and he is in custody since 16.12.2017. It is stated that the petitioner is an accused in three other cases but he is on bail in two of the said cases.

Patna High Court CR. MISC. No.11881 of 2019(2) dt.26-02-2019 2/2 Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge, Naughachia, Bhagalpur in connection with Bihpur PS case no. 543 of 2017.

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