Ganesh Yadav @ Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26699 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- ATRI District- Gaya ====================================================== Ganesh Yadav @ Vikash Yadav Son of Krishnadev Yadav Resident of VillageGaura, Police Station- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Atri P.S. Case No. 23 of 2024, registered for the offences punishable under Section 379 of the IPC, Section 25(1) (b), 25(1) a, 26, 35 of the Arms Act.

3. As per allegation, on 27.01.2024, when the informant went to look out for his bricks, he found the bricks missing. At some distance, the informant saw a tractor and stopped it. On that tractor, there were small broken pieces of bricks. When the informant raised suspicion, three out of five persons escaped from the tractor and apprehended persons disclosed their names as Ganesh Yadav (the petitioner) and Deonandan Manjhi. From possession of the petitioner, a country-made pistol was recovered.

Patna High Court CR. MISC. No.26699 of 2024(3) dt.30-07-2024 2/2

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. The police did not recover the country-made pistol from possession of the petitioner rather the persons at the spot apprehended the petitioner and produced him before the police. He is under custody since 28.01.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances as well as the period of custody and clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Atri P.S. Case No. 23 of 2024, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T