Patna High CourtCR. MISC./13742/2023allowed

Shashi Kumar Yadav v. The State Of Bihar

2023-04-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13742 of 2023 Arising Out of PS. Case No.-436 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== SHASHI KUMAR YADAV S/O VIJAY RAI R/v- Nandpuri Nasi, P.S.- Sadar Muzaffarpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Singh For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the IPC and Sections 25(1-b)a, 26 of the Arms Act. The prosecution case, in brief, is that the informant along with police personnel reached at Fatehpur Chowk and arrested the the petitioner on spot with a motorcycle. Upon search, one country made pistol was recovered from possession of this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.13742 of 2023(2) dt.26-04-2023 2/2 concern with the alleged arms which was seized by the police and so far as seized motorcycle is concerned, the same was taken by the petitioner from wife of Umesh Kumar, owner of the seized motorcycle to meet his relative in hospital. The petitioner has got no criminal antecedent and languishing in judicial custody since 28.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar P.S. Case No. 436 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur.

(Sunil Kumar Panwar, J) Shubham/- U T