Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76029 of 2018 Arising Out of PS. Case No.-325 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Mahesh Yadav Son of Kuldeep Yadav, Resident of Village- Dharahara Kala, P.O.- Charokharigadh, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in Fatehpur PS Case No. 325 of 2018 registered under Sections 25(1-b)a/26 of the Arms Act and 37(c) of Bihar Prohibition and Excise Act, 2016. The allegation is that the petitioner in a drunken state had gone to the house of the informant and abused and threatened him by brandishing pistol.

Counsel for the petitioner submits that it is a case of false implication on extraneous consideration. Recovery of pistol is denied and disputed and it is submitted that the recovery is not in accordance with Section 100 Cr.P.C. Prior to the instant case the petitioner had no criminal antecedent and he is in custody since 22.10.2018.

Patna High Court Cr.Misc. No.76029 of 2018(2) dt.17-12-2018 2/2 Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Excise) Gaya in Fatehpur PS Case No. 325 of 2018.

(Madhuresh Prasad, J) SNkumar/- U T