Ravish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18750 of 2019 Arising Out of PS. Case No.-696 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Ravish Yadav, Son of Late Gujju Prasad Yadav R/o village- Mathar, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Choudhary For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 08.10.2018 in a case registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

The prosecution case is that on 07.10.2018, a secret information was received that some persons are involved in illegal sale and purchase of arms, whereupon, a raid was laid and two persons were apprehended including the petitioner when one person escaped from the scene. On search being made, one carbine with magazine and two country made pistols were recovered from the possession of co-accused, Birju Yadav. It is further alleged that the co-accused person disclosed the name of the person, who escaped from the scene as Pramod Yadav.

Patna High Court CR. MISC. No.18750 of 2019(2) dt.02-04-2019 2/2 It is submitted by learned counsel for the petitioner that there is no recovery from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that investigation has already been concluded and no recovery has been made from the conscious physical possession of the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named 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 the learned CJM, Khagaria in connection with Khagaria (Muffasil) P.S. Case No.696 of (Dinesh Kumar Singh, J) Deepak/Rahul/- U T