Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23190 of 2021 Arising Out of PS. Case No.-438 Year-2020 Thana- KHAIRA District- Jamui ====================================================== Bhim Yadav S/O Late Mudal Yadav R/o village- Mircha, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-b), 26, 35 of the Arms Act.

When the police was on patrolling duty, two persons coming fastly, were apprehended. On search, one country made pistol and two cartridges were recovered from the possession of the petitioner. Accordingly, a seizure list was prepared. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.23190 of 2021(2) dt.15-09-2021 2/2 case. He submits that nothing has been recovered from the conscious possession of the petitioner. He submits that petitioner has been apprehended by the police when he was standing besides the house. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 10.10.2020.

However, learned APP for the State opposes the prayer for bail and submits that police has recovered one country made pistol and two cartridges from the possession of the petitioner.

Considering the facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khaira P.S. Case No. 438 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T