Patna High CourtCR. MISC./27201/2017allowed

Biranchi Yadav v. The State Of Bihar

2017-07-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27201 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Biranchi Yadav Son of Ramji Yadav, Resident of Village- Bari Sankh , P.S.- Mufassil, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar Singh For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition. Heard learned counsel for the petitioner and the State. The petitioner is an accused in Begusarai Muffasil P.S. Case No. 59 of 2017 for the offence under sections 25(1-B) a, 26 and 35 of the Arms Act.

It appears that as per Annexure-3, the court below has granted bail to Subhash Yadav from whose possession three live cartridges were recovered and other two accused from whose possession, sharp cutting weapons were recovered have also been granted bail. The case of the petitioner is that nothing was recovered and he has falsely been implicated in this case. The

Patna High Court Cr.Misc. No.27201 of 2017 (2) dt.01-07-2017 2/2 police party conducted raid at the newly constructed house where "Satyanarayan Puja" was going on. The petitioner has stated in para-6 that he is 60 years of age and has been suffering from various ailments.

Having regard to the fact that the persons from whose possession live cartridges were recovered was granted bail by the court below and it is alleged that from the possession of the petitioner a country made pistol was recovered. Considering the facts that the petitioner is in custody since 10.2.2017, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai, in connection with Begusarai Muffasil P.S. Case No. 59 of 2017 on the condition that the petitioner will extend full cooperation in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T