Pradeep Yadav @ Pradip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19715 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- PANJWARA District- Banka ====================================================== 1.

PRADEEP YADAV @ PRADIP YADAV son of Bhuvneshwar Yadav Resident of Village - Sadhopur, P.S. - Ghogha, District - Bhagalpur. 2.

Chandan Yadav@ Chandan Kumar Yadav Son of Ramjee Yadav Resident of Village - Dimal, P.S. - Ismailpur, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-09-2020 This case has been heard through video conferencing. Petitioners are permitted to remove the defects as pointed out by the office within three weeks of normal functioning of the Court, failing which this case be placed before appropriate Bench.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)A/26,35 of the Arms Act. Prosecution case as lodged by the police personnel is that on secret information that some persons had gathered near

Patna High Court CR. MISC. No.19715 of 2020(3) dt.16-09-2020 2/3 Bikarampur Mor to commit serious crime, police reached there and saw that two persons each on two motorcycles and three persons on third motorcycle were present and they tried to escape but they were arrested by the police. On search, loaded country made pistol, cartridges and some mobiles were recovered from them. Specific allegation against Pradeep Yadav is that one live cartridge of 7.62 mm and a mobile phone was recovered from his possession and from Chandan Yadav one live cartridge of 0.315 bore and a mobile phone of Jio company was recovered.

Learned counsel for the petitioners submits that they are innocent and have been falsely implicated in this case. He submits that similarly situated co-accused have been granted bail by coordinate Benches of this Court in Cr. Misc. No. 20046 of 2020 and in Cr. Misc. No. 179 of 2020. He further submits that petitioner no. 2 has clean antecedent but petitioner no. 1 has been made an accused in Sonhaula P.S. Case 114 of 2019 and they are languishing in judicial custody since 20.09.2019. In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.19715 of 2020(3) dt.16-09-2020 3/3 Additional Chief Judicial Magistrate, Banka in connection with Panjwara Police Station Case No. 103 of 2019. (Anjani Kumar Sharan, J) devendra/- U T