Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27116 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- NATHNAGAR District- Bhagalpur ====================================================== Lalan Yadav Son of Late Bablu Yadav Resident of Village- Gosai Daspur, P.S.- Nathnagar, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Nathnagar P.S. Case No. 03 of 2024, registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-A), 26, 35 of the Arms Act and Section 37 of the Bihar Prohibition and Excise Act 2022.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence where seeing the police party, four accused persons were found trying to flee away but they were apprehended. On search, two loaded country made pistols and 19 live cartridges were recovered from the trunk of the petitioner.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.27116 of 2024(3) dt.30-07-2024 2/2 the petitioner has falsely been implicated in this case. He has further submitted that nothing was recovered from possession of the petitioner. He has also submitted that no any independent witness has supported the prosecution case. The petitioner is under custody since 03.01.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-II, Bhagalpur in connection with Nathnagar P.S. Case No. 03 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T