Patna High CourtCR. MISC./17642/2019allowed

Lala Yadav v. The State Of Bihar

2019-03-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17642 of 2019 Arising Out of PS. Case No.-23 Year-2018 Thana- DHIBRA District- Aurangabad ====================================================== LALA YADAV Son of Late Rambrichh Yadav Resident of Village - Ban Vishunpur, P.S.- Dhibra, District Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Dhibra P.S. Case No. 23 of 2018 for the offenses under Sections 25(1-b)a/26/35 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. While he was in jail, he has been made accused in the instant case. He submits that at the relevant time the petitioner was in jail custody in connection with Dhibra P.S. Case No. 20 of 2018 and behind his back raid was conducted and the petitioner has been made accused in the present case for alleged recovery of arms. He further submits that there is land dispute between the petitioner and the informant and as such the petitioner has been made

Patna High Court CR. MISC. No.17642 of 2019(2) dt.26-03-2019 2/2 accused in the instant case.

Considering the fact that the petitioner was in custody at the relevant time when the raid was conducted at the residence of the petitioner and the arms was seized behind his back, the court is inclined to grant bail to the petitioner. Let the petitioner, above named, 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 the Chief Judicial Magistrate, Aurangabad in connection with Dhibra P.S. Case No. 23 of 2018.

(Anil Kumar Upadhyay, J) spandey/- U T