Dashrath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20387 of 2019 Arising Out of PS. Case No.-280 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== DASHRATH YADAV, aged about 40 years (Male), Son of Sri Ramcharitra Yadav @ Charitra Yadav, Resident of village- Tajpur, P.S.- Balia, DistrictBegusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dilip Kumar, Advocate.

For the Opposite Party :

Mr.Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 04.09.2018 in a case for the offence registered under Sections 399, 402, 414 of the IPC, 25(1-b) a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that the one loaded country made pistol alongwith 136 live cartridges and other things are alleged to have been recovered from possession of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses

Patna High Court CR. MISC. No.20387 of 2019(2) dt.12-04-2019 2/2 alleged against the petitioner. One loaded country made pistol alongwith 136 live cartridges and other things are alleged to have been recovered from possession of the petitioner. There is no compliance of Section 100 Cr. P.C. It is further submitted that the petitioner may be released on bail after completion of nine months in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of nine months in custody 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.-V-cum-SubJudge-III, Begusarai, in connection with S.Kamal (Sahebpur Kamal) P.S. Case No. 280 of 2018.

(Sudhir Singh, J) U.K./- U T