Amirak Yadav @ Maniyar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20822 of 2023 Arising Out of PS. Case No.-677 Year-2022 Thana- BARH District- Patna ====================================================== 1.

AMIRAK YADAV @ MANIYAR YADAV Son of Late Narayan Yadav Resident of village - Burhanpur, Police Station - Barh, District - Patna. 2.

Krit Yadav Son of Balki Yadav Resident of village - Burhanpur, Police Station - Barh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a/26 and 35 of the Arms Act.

As per prosecution case, a secret information received that in the house of one Krit Yadav some miscreants assembled, after that information the police personnel surrounded the house of the Krit Yadav and entered the house. On search, there has been recovery of one country-made pistol and two live cartridges from petitioner no. 1 and five live cartridges from petitioner no. 2.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.20822 of 2023(2) dt.17-04-2023 2/2 that petitioners have been falsely implicated in this case due to oblique reasons by the local police. They have committed no offence. He submitted that no incriminating articles have been received from conscious possession of these petitioners. He further submitted that there is no proper compliance of Section 100 of the Cr.P.C., as both the witnesses are police official and members of raiding party. They are languishing in judicial custody since 18.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Barh, Patna in connection with Barh P.S. Case No. 677 of 2022.

(Sunil Kumar Panwar, J) arish/- U T