Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21935 of 2025 Arising Out of PS. Case No.-65 Year-2024 Thana- BARHARA KOTHI District- Purnia ====================================================== Anil Yadav Son of Late Tarni Prasad Yadav Resident of village - Sishwa Ward No.- 3, P.S.- Barhara Kothi, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Barhara (Raghubansh Nagar) P.S. Case No. 65 of 2024 registered for the offences punishable under Sections 25(1-B) a and 26 of the Arms Act.
3. As per the prosecution story, the informant being a police official has alleged that on 29.02.2024 he got a secret information that one Anil Yadav has come to his house with arms and bullets. When the police team reached near the house of Anil Yadav, one person started running away from his house. With the help of other officers, the alleged person was apprehended and he disclosed his name as Anil Yadav. On
Patna High Court CR. MISC. No.21935 of 2025(2) dt.28-04-2025 2/3 asking the reason for running he did not give satisfactory answer. Upon search, one country made 'katta', 16 live cartridges, and two mobile phones were recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the suspicion and nothing has been recovered from the possession of the petitioner. The petitioner has denied the allegation and claimed false implication in this case. The informant has violated the provision of Section 105 of the B.N.S.S. because alleged arms have not been recovered from the possession of this petitioner in presence of independent witnesses. Seizure list is forged and fabricated and the same has purposely been prepared with a view to harass the petitioner in this case. Petitioner is in custody since 11.10.2024.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Purnea in connection with Barhara
Patna High Court CR. MISC. No.21935 of 2025(2) dt.28-04-2025 3/3 (Raghubansh Nagar) P.S. Case No. 65 of 2024 subject to the following conditions :- (i). He will remain physically present on each and every date in the Trial Court till the disposal of this case. (ii). One of the bailor will be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T