Putun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62995 of 2017 Arising out of PS.Case No. -31 Year- 2017 Thana -CHANAN District- LAKHISARAI ====================================================== Putun Yadav, Son of Garib Yadav, Resident of Village- Lakhochak, Police Station- Chanan, District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chanan P.S. Case No. 31 of 2017 instituted for the offences under Sections 25(1)(b), 26 and 35 of the Arms Act, Sections 30(A) and 38(2) of the Bihar Excise and Prohibition Act, 2016 and Section 414 of the Indian Penal Code.

The case of the prosecution is that during the investigation it transpires that the absconding accused persons, who had committed theft in the past were residing in their houses whereafter the houses of the said accused persons including the petitioner herein was raided, however, the accused persons fled away and the Chaukidar of the village informed that the petitioner is also one of them. Thereafter the Police had conducted search in the house of the petitioner herein and two country made pistol and

Patna High Court Cr.Misc. No.62995 of 2017 (2) dt.18-01-2018 2/2 three live cartridges apart from one bottle of illicit liquor was recovered and a sum of Rs. 40,740/- and other articles were recovered.

The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case as well as he is languishing in custody since 22.03.2017.

Having considered the facts and circumstances of the case and the nature of the recovery made from the house of the petitioner, I deem it fit and proper to enlarge the petitioner above named on regular bail immediately upon completion of one year of custody. Accordingly, it is directed that the petitioner shall be released on regular bail upon completion of one year custody from 22.03.2017, subject to such terms as may be prescribed by the learned court below on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, IIndcum-Special Excise Judge, Lakhisarai in connection with Chanan P.S. Case No. 31 of 2017.

This petition is disposed off.

(Mohit Kumar Shah, J) S.Sb/- U T