Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18621 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== Rahul Kumar Yadav, male, aged about 23 years, son of Bindeshwari Yadav, resident of village-Kathalbari Barari, P.S.-Barari, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the State :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Chausa P.S. Case No. 246 of 2022 dated 23.10.2022 registered for the offence punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

The allegation against the petitioner is that he was arrested with one country made pistol with one loaded cartridge. Learned counsel for the petitioner submits that the petitioner having falsely implicated in this case due to village politics and there was no recovery of any arms from the possession of the petitioner, as alleged. Learned counsel submits that he has one criminal antecedent in which he is on bail. The petitioner is in jail custody since 24.10.2022. The charge sheet against the petitioner has already been submitted.

Patna High Court CR. MISC. No.18621 of 2023(2) dt.16-05-2023 2/2 Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 246 of 2022, , subject to the following conditions:- (i) One of the bailors shall be the close relative of the petitioner.

(ii) The petitioner shall remain present on each and every date fixed by the Court below.

(iii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuses the liberty or violates any of the condition imposed upon him, his bail bonds shall be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) P. Kumar U