Chikku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15518 of 2024 Arising Out of PS. Case No.-40 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Chikku Yadav Son of Bablu Yadav Resident of Village- Laluchak Batha, P.S.- Ishakchak, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dwij Raj, Advocate For the State :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ishakchak P.S. Case No. 40 of 2023 instituted for the offence under Sections 414 & 34 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 & 35 of the Arms Act.

3.

Prosecution case in a nutshell is that there is recovery of one loaded country made pistol and one live cartridges from the possession of co-accused, namely, Ravi Kumar.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-03-2023. Petitioner bears five criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.15518 of 2024(2) dt.12-03-2024 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Ravi Kumar, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 03-10-2023, passed in Cr. Misc. No. 58928 of 2024. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ishakchak P.S. Case No. 40 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T