Patna High CourtCR. MISC./14911/2023allowed

Sanjay Yadav v. The State Of Bihar

2023-05-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14911 of 2023 Arising Out of PS. Case No.-918 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.

SANJAY YADAV SON OF LATE SOHRAI YADAV R/O VILLAGEKANDI NAWADA, P.S.- CHANDAUTI, DISTRICT- GAYA 2.

MANISH KUMAR SON OF SHYAMNAND PRASAD R/O VILLAGEKUTWARI, P.S.- KOTWALI, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, on receiving a secret information that two persons kept illegal weapons in a dilapidated house thereafter the police personnel reached at that place. There has been recovery of 20 live cartridges and 750 ml of illegal foreign liquor from the petitioner no. 1, whereas 20 live cartridges from the petitioner no. 2.

Patna High Court CR. MISC. No. 14911 of 2023(2) dt.09-05-2023 2/2 It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. The petitioners have no concern either with the seized arms and cartridges or with the liquor, which were seized by the police. They are languishing in judicial custody since 29.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no. 1, Gaya in connection with Gaya Kotwali P.S. Case No. 918 of 2022.

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