Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18273 of 2019 Arising Out of PS. Case No.-644 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== 1.

MUNNA YADAV Son of Indrajeet Yadav Resident of Village-Dakshini Telhua Tola Budhwaliya, Police Station-Nautan, District-West Champaran. 2.

Bhushan Yadav Son of Dinanath Yadav Resident of Village-Dakshini Telhua Tola Budhwaliya, Police Station-Nautan, District-West Champaran. 3.

Jhunna Yadav Son of Indrajeet Yadav Resident of Village-Dakshini Telhua Tola Budhwaliya, Police Station-Nautan, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Nautan P.S. Case No. 644 of 2018, registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-B) a/26 of the Arms Act.

The allegation is regarding the house of the coaccused person, namely, Dinanath Yadav having been raided by the police whereupon five persons including the petitioners herein were arrested and as far the petitioner nos. 1 and 2 are concerned, guns and cartridges were recovered

Patna High Court CR. MISC. No.18273 of 2019(2) dt.03-04-2019 2/3 and as far as the petitioner no. 3 is concerned, no recovery has been made. From the said house of co-accused Dinath Yadav, one tractor and one motorcycle were also recovered. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and admittedly, the house belongs to the co-accused person, namely, Dinanath Yadav, who has already been granted bail by a coordinate Bench of this Court vide order dated 27.02.2019 passed in Criminal Miscellaneous No. 11463 of 2019. It is submitted that the petitioners are languishing in custody since 20.12.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner no. 3 on regular bail.

Accordingly, the above named petitioner no. 3 is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District-West Champaran in connection with Nautan P.S. Case No. 644 of 2018.

As far as the petitioner nos. 1 and 2 are concerned, I deem it fit and proper to direct for release of the said petitioner

Patna High Court CR. MISC. No.18273 of 2019(2) dt.03-04-2019 3/3 nos. 1 and 2 immediately upon completion of six months of custody i.e. with effect from 20.12.2018 and subject to such other conditions as may be imposed by the Chief Judicial Magistrate, Bettiah, District-West Chamaran in connection with Nautan P.S. Case No. 644 of 2018.

With the aforesaid directions, the present bail petition stands disposed of.

(Mohit Kumar Shah, J) ajay gupta/- U T