Patna High CourtCR. MISC./24878/2024bail granted

Kranti Yadav v. The State Of Bihar

2024-04-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24878 of 2024 Arising Out of PS. Case No.-556 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Kranti Yadav S/o Late Suresh Yadav R/o vill - Chandaur, ward no. 6, P.S. - sour Bazar, Distt. - saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 556 of 2023 instituted for the offences punishable under Sections 25(1-b)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made loaded pistol has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with alleged recovered arms. The other co-accused namely, Rakesh Kumar has already been granted bail by this Court vide order dated 12.01.2024 passed in Cr. Misc. No. 86695 of 2023.

Patna High Court CR. MISC. No.24878 of 2024(2) dt.05-04-2024 2/2 Moreover, the petitioner is languishing in judicial custody since 15.09.2023.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as well as period of custody of the petitioner, let the above named petitioner be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Saharsa in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 556 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 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) lata/- U T