Hareram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35242 of 2021 Arising Out of PS. Case No.-295 Year-2020 Thana- GOPALPUR District- Gopalganj ====================================================== HARERAM YADAV Son of Birendra Yadav @ Virendra Chaudhari Resident of Village - Madhomath, P.S. - Fulwariya, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2022 Heard Mr. Harish Kumar, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 295 of 2020 registered for the offence punishable under Sections 341, 323, 307, 353, 34 of the Indian Penal Code 1860, Sections 25(1-b)a, 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per the allegation, the Motorcycle on which the petitioner was going, was intercepted by the Police and one loaded pistol having four cartridges, 79 litres of country made liquor and 33.660 litres of foreign liquor were recovered from possession of the petitioner.

Patna High Court CR. MISC. No.35242 of 2021(2) dt.05-01-2022 2/3 Learned counsel for the petitioner referring to seizure list submits that from perusal of the seizure list, it would be evident that only loaded pistol along with four cartridge have been recovered from possession of the petitioner and no recovery of illicit liquor has been shown or mentioned in the seizure list. He further submits that the illicit liquor has been recovered from Apache Motorcycle which was being driven by co-accused Brajesh Sah who has been granted bail by this Court in Cr. Misc. 33770 of 2021. Learned counsel next submits that the petitioner is in custody since 26.12.2020, he has got no criminal antecedent and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 26.12.2020 having no criminal antecedent and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Gopalganj, in connection with Gopalpur P.S. Case No. 295 of

Patna High Court CR. MISC. No.35242 of 2021(2) dt.05-01-2022 3/3 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T