Pawan Yadav @ Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17282 of 2020 Arising Out of PS. Case No.-232 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== PAWAN YADAV @ PAWAN KUMAR YADAV Son of Tej Narayan Yadav Resident of Village - Deviganj, Ward No. 03, P.S.- Narpatganj, District - Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Tarun Kr. Mandal, the learned APP for the State. The petitioner seeks regular bail in connection with Narpatganj PS case no. 232 of 2019 instituted for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

The case of the prosecution in brief is that the S.H.O., Narpatganj had reached Deviganj on 09.04.2019 at about 1.30 in the night, upon receiving secret information that the petitioner and one another were carrying arms and

Patna High Court CR. MISC. No.17282 of 2020(4) dt.18-09-2020 2/3 ammunitions for committing some heinous crime, whereafter the informant i.e. the said S.H.O. along with other police personnel and villagers had reached the house of the said persons, however they had managed to flee away. Upon search made in the house, some arms and ammunitions were recovered. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that though the petitioner is an accused in three other cases but he is on bail in all the three cases. Lastly, it is submitted that the petitioner is languishing in custody since 20.01.2020 and is ready to abide by such conditions as may be deemed fit and proper to be imposed by this Court for the purposes of grant of bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties, taking into account the fact that no illicit arms has been recovered from the conscious possession of the petitioner and the petitioner is languishing in custody since 20.01.2020, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. MISC. No.17282 of 2020(4) dt.18-09-2020 3/3 learned Chief Judicial Magistrate, Araria in connection with Narpatganj PS case no. 232 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T