Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31169 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- KHAIRA District- Jamui ====================================================== PRAKASH YADAV, SON OF LATE DHANESHWAR YADAV R/O VILLAGE- GAHLOUR, P.S.- SIKANDRA, DISTRICT- JAMUI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad- Advocate For the Opposite Party/s :

Ms. Asha Kumari- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Khaira P. S. Case No.33 of 2021, instituted for the offences under Sections 399, 402 of the Indian Penal Code and Section 25(1b)a, 26, 35 of the Arms Act. Learned counsel for the petitioner submits that petitioner is in custody since 07.02.2021 and charge-sheet has been submitted in the case and petitioner has one antecedent as mentioned in Para-3 of the bail petition.

Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that informant has alleged that two co-accused persons Ranjit Yadav and Mithilesh Yadav @ Mithu Yadav were

Patna High Court CR. MISC. No.31169 of 2021(2) dt.25-11-2021 2/2 apprehended and from their possession arms was seized. Further they disclosed the name of this petitioner, who fled after seeing the police.

Learned counsel for the petitioner submits that petitioner was not apprehended at the place of occurrence nor any recovery has been made from his possession and is languishing in custody.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 07.02.2021 and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Khaira P. S. Case No.33 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T