Bhuneshwar Yadav @ Bhuneshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13329 of 2019 Arising Out of PS. Case No.-571 Year-2018 Thana- HILSA District- Nalanda ====================================================== Bhuneshwar Yadav @ Bhuneshwar Prasad, son of Shivnandan Prasad, R/o village- Khorampur, P.S- Hilsa, District- Nalanda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is languishing in custody since 20.10.2018 in connection with Hilsa P.S. Case No.571 of 2018 registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.
Prosecution case as per the FIR is that a raid was laid on the house of the petitioner and from his possession, two country made pistols, seven cartidges and 15 mobile phones were recovered.
It is submitted by learned counsel for the petitioner that the recovery has been made from joint family house. It is further submitted that the petitioner has falsely been framed in the present case and the alleged recovered mobile phones have
Patna High Court CR. MISC. No.13329 of 2019(2) dt.07-03-2019 2/2 been brought by his son Sanjeet Kuma and for the act of his son, he is suffering. Statement has been made in paragraph no.3 of the bail application that the petitioner is not having any criminal antecedent.
Learned APP has vehemently opposed the prayer for bail and submits that recovery has been from the house of the petitioner.
Considering the fact that the investigation has already concluded and statement has been made in paragraph no.3 of the bail application that the petitioner is not having any criminal antecedent, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Hilsa P.S. Case No.571 of 2018. (Dinesh Kumar Singh, J) sanjeev/- U T