Patna High CourtCR. MISC./14185/2025bail granted

Atul Yadav @ Atul Anand v. The State Of Bihar

2025-04-02Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14185 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- SARSI District- Purnia ====================================================== Atul Yadav @ Atul Anand S/O Yogendra Yadav @ Yogendra Prasad Yadav, R/O Village- Jiyanganj North Tola, P.S.- Sarsi, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Bidhu Ranjan, Advocate Mr. Kumar Rajdeep, Advocate Mrs. Diksha Kumari, Advocate For the State :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Sarsi P.S. Case No. 236 of 2024 dated 17.12.2024, registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.

3. As per allegation, arms and ammunition have been recovered from the co-accused Bharat Kumar and Md. Shamim and as per their confessional statement, the same has been supplied by the petitioner herein.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.14185 of 2025(2) dt.02-04-2025 2/3 case. He further submits that nothing has been recovered from conscious possession of the petitioner and confessional statement of the co-accused against the petitioner before the police has no evidentiary value.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Sarsi P.S. Case No.236 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

Patna High Court CR. MISC. No.14185 of 2025(2) dt.02-04-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T