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Patna High CourtCR. MISC./38072/2017allowed

Devi Lal Yadav @ Devi Lal v. The State Of Bihar

2017-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.38072 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38072 of 2017 Arising Out of PS.Case No. -263 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Devi Lal Yadav @ Devi Lal S/o Tej Narayan Yadav R/o Village-Gosaigoan P.S.-Gopalpur, District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Farbesganj P.S. Case no. 263 of 2017 registered under Sections 399, 402 of the Indian Penal Code and 25(1-b)A/26/35 of the Arms Act. One country made pistol is said to have been recovered from the back seat of the vehicle of which seven accused persons including the petitioner were occupants.

It is submitted by the learned counsel for the petitioner that nothing incriminating article has been recovered from his conscious physical possession rather on the back seat of the vehicle of which seven persons were occupants. The petitioner had no knowledge of keeping of the arm in the vehicle.

Patna High Court Cr.Misc. No.38072 of 2017 (2) dt.10-08-2017 The petitioner is languishing in custody since 24.04.2017. The co-accused namely, Sintu Kumar and Rajan Singh have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 20.07.2017 passed in Cr. Misc. no. 33153 of 2017. The case of the petitioner stands on similar footing. Having considered the facts and circumstances of the case, let above named petitioner, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Farbesganj P.S. Case no. 263 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T