Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17198 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Anil Yadav, Gender-Male, aged about 32 years, son of Radhe Shyam Yadav @ Radhay Shyam Yadav, Resident of Village- Jurabganj Ward No-1, P.S.- Korha District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dalsingsarai PS Case No. 404 of 2023 instituted for the offences punishable under Sections 25(1-B)A and 26 of the Arms Act.

3. As per the prosecution case, one loaded country made pistol and one live cartridge have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.17198 of 2024(2) dt.20-03-2024 2/3 no incriminating article has been recovered from the conscious possession of the petitioner. He further submits that the independent witness who signed on the seizure list does not belongs to the alleged place of occurrence. Petitioner is in custody since 10.10.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Sessions Judge, Samastipur dated 09.01.2024, it appears that petitioner is named in the FIR and the independent witness who singed on the seizure list was not present at the place of occurrence, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on after framing of charge furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Dalsingssarai PS Case No. 404 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.17198 of 2024(2) dt.20-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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