Patna High CourtCR. MISC./61386/2018bail granted

Anuj Yadav v. The State Of Bihar

2018-10-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61386 of 2018 Arising Out of PS.Case No. -420 Year- 2018 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Anuj Yadav, Son of Shiv Charan Yadav, Resident of Village- Naya Tola, Karela, P.S. Madhusudanpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2018 Heard both sides.

The petitioner seeks bail in Nath Nagar (Madhusudanpur) P.S. case No. 420 of 2018 registered under Section 307 of the Indian Penal Code and under Section 25(1-b) a, 26 of the Arms Act.

The petitioner is alleged to have entered into the house of informant having a pistol with a view to kill the informant.

The learned counsel for the petitioner submits that petitioner happens to be friend of the informant and he had gone to the house of informant but informant falsely implicated the petitioner in the case. The police did not recover any arms from the possession of the petitioner. The informant produced the arms.

Patna High Court Cr.Misc. No.61386 of 2018 (2) dt.06-10-2018 2/2 It is submitted that recovery of arms is transplanted. There is no allegation of assault against the petitioner. The petitioner is in custody since 05.07.2018.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact there is no allegation of assault against the petitioner and the arms was produced by the informant said to recovered from the possession of petitioner, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bhagalpur in connection with Nath Nagar (Madhusudanpur) P.S. case No. 420 of 2018.

(Prabhat Kumar Jha, J) BKS/- U T