Patna High CourtCR. MISC./28180/2021bail granted

Upendra Yadav @ Lapa v. The State Of Bihar

2021-12-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28180 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- MANPUR District- Nalanda ====================================================== UPENDRA YADAV @ LAPA Son of Jodha Yadav Resient of VillageChotaki Dhanki, P.S.- Manpur, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Pd.

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

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Manpur PS Case No. 120/2020 registered for the offence punishable under Section 25(1-b)a, 26 and 35 of the Arms Act. The allegation against the petitioner, as per First Information Report, is that one loaded country made pistol has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedents and he is in custody since 26.11.2020. He further submits that the petitioner has falsely been implicated in this case and procedure of search and seizure has not been followed at the time of alleged recovery from the possession of the petitioner. Learned counsel next

Patna High Court CR. MISC. No.28180 of 2021(2) dt.06-12-2021 2/2 submits that charge-sheet has already been submitted and the offence is triable by the Magistrate.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedents and he is in custody since 26.11.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, UPENDRA YADAV @ LAPA be released on bail 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, Nalanda at Bihar Sharif in connection with Manpur PS Case No. 120/2020.

(Anil Kumar Sinha, J) perwez U T