Ganga Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13543 of 2020 Arising Out of PS. Case No.-167 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== GANGA RAM YADAV Son of Ram Balak Yadav Resident of Village - Sihma- Gosaiytol, P.S.- Matihani, District- Begusarai. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Shubhesh Pandey, Advocate.

For the State :

Ms. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Matihani P.S. Case No.167 of 2018 registered under Section 414 of the Indian Penal Code besides Sections 25(1-a), 25(1-b) a, 26 and 35 of the Arms Act.

The accusation is that the informant being the Officer Incharge of Matihani Police Station received information in the morning of 26.11.2018 to the effect that some miscreants for committing the heinous crime are present at the house of Ganga Ram Yadav (petitioner) in village-Sihma Gosaiy Tola. Thereafter, the informant along with other police personnel proceeded for village-Sihma Gosaiy Tola and reached

Patna High Court CR. MISC. No.13543 of 2020(4) dt.03-09-2020 2/3 at the house of Ganga Ram Yadav (petitioner) where a black colour motorcycle was parked and three persons were also present there. On seeing the police party, one person started to flee away towards field and two persons entered towards the house. On chase, one person succeeded to flee away from there. When the informant along with other police personnel entered into the house, then two persons were found beneath a cot, who were trying to remove some articles from there. While the aforesaid two persons tried to flee away from there but they were apprehended, who disclosed their name as Ram Balak Yadav and Sujit Kumar.

On search of the house of Ram Balak Yadav, one country made carbine loaded with magzine containing four live cartridges, four country made pistols, five live cartridges and one magzine were recovered. The caught hold persons disclosed the name of the person, who succeeded to flee away as Ganga Ram Yadav (petitioner). Learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedent and he was also not apprehended on the spot. The petitioner is in custody since 14.01.2020.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released

Patna High Court CR. MISC. No.13543 of 2020(4) dt.03-09-2020 3/3 on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Rajeev Kumar, Judicial Magistrate, First Class, Begusarai, in connection with Matihani P.S. Case No.167 of 2018.

(Rajendra Kumar Mishra, J) P.S./- U T