Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17652 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- AMBA District- Aurangabad ====================================================== MANOJ YADAV S/o Late Sohrai Yadav Resident of Village-Ghura Sagar, P.S.-Tandwa, District-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 384, 386 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

As per FIR, prosecution case relates to recovery of four cartridges from possession of the petitioner and cash of Rs. 1.5 lacs was also recovered from dicky of the seized motorcycle on the the petitioner as well as co-accused was going. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the recovered arms and so far as cash of Rs. 1.5

Patna High Court CR. MISC. No.17652 of 2023(3) dt.17-05-2023 2/2 lacs is concerned, the same is claimed by the petitioner which was for registry of a piece of land in name of his mother-in-law and in support of this Annexure-2 has been annexed with the petitioner. It is further submitted that the seizure list witness are police officials not a single independent witness which violates section 100 of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 27.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amba P.S. Case No. 315 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad. (Sunil Kumar Panwar, J) Amandeep/- U T