Rajeev Kumar Yadav @ Rajeev Yadav @ Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14080 of 2023 Arising Out of PS. Case No.-983 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Rajeev Kumar Yadav @ Rajeev Yadav @ Rajeev Kumar Son Of Kishun Yadav R/O Ward No.24, Baluahi, P.S.- Khagaria, District- Khagaria ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kashyap For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act and Section 3⁄4 of Explosive Substance Act. It is a case of recovery of eight live cartridges, two country made bombs and other incriminating articles from the house of petitioner.
It is submitted by learned counsel for the
Patna High Court CR. MISC. No.14080 of 2023(2) dt.26-04-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. Petitioner was not apprehended on spot. His name sprang up on the basis of confessional statement of co-accused person. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness of the alleged seizure. It is also submitted that petitioner is languishing in judicial custody since 13.12.2022. 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 Khagaria P.S. Case No. 983 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.14080 of 2023(2) dt.26-04-2023 3/3 to the satisfaction of the learned Additional Sessions Judge V, Khagaria.
(Sunil Kumar Panwar, J) Nirajkrs/- U T