Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13214 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- KATORIYA District- Banka ====================================================== Rajesh Yadav S/o Late Suresh Yadav R/o village- Rikhiya Rajdah, P.S.- Katoriya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today.

The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 25 (1-b)a, 26, 27 and 35 of the Arms Act.

The prosecution case, in short, is that on 22.11.2021, the informant along with the police personnel during the course of patrolling, two persons were running away after seeing the police personnel but on chase, one was caught whereas other person was managed to flee away. During the course of investigation, the apprehended person disclosed his name Rameshwar Yadav and also disclosed the name of the petitioner as Rajesh Yadav. On search, a loaded country-made pistol and one live cartridge was recovered from the possession of Rameshwar Yadav.

Patna High Court CR. MISC. No.13214 of 2022(2) dt.16-08-2022 2/2 Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner is named in the F.I.R on the basis of confessional statement of co-accused namely, Rameshwar Yadav who was apprehended on the spot and he has inimical relation with the petitioner. No incriminating materials have been recovered from the possession of the petitioner. The petitioner is in custody since 16.01.2022, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/Succesor Court, Banka in connection with Katoria P.S. Case No. 323 of 2021. (Khatim Reza, J) Shanu/- U T