Sunil Yadav @ Bullak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26604 of 2024 Arising Out of PS. Case No.-899 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sunil Yadav @ Bullak Yadav S/o- Mr. Rambalak Yadav R/o Vill- Dharampur, P.S.- Sheikhpura (O.P. Hathiyawa), Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Mrs. Vaishnavi Singh, Advocate :

Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 25(1-B)a and 26 of the Arms Act.

3. As per allegation in the FIR, it is a case recovery of one loaded country made pistol, one misfired bullet and two mobiles from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Petitioner is in custody since 24.12.2023.

5. Learned App for the State opposes the prayer for

Patna High Court CR. MISC. No.26604 of 2024(3) dt.16-04-2024 2/3 bail of the petitioner and submitted that the firearms were recovered from the possession of the petitioner.

6. On perusal of the first information report, seizure list and impugned order dated 07.03.2024, it appears that one loaded country made pistol hidden in the left side waist of the petitioner and one misfired bullet from his pocket of paint and two mobiles were recovered from his possession and when the house of the petitioner was searched, one pen pistol, one air gun like stand gun, Rs.4,64,000/- four packets air gun bullets, one country made double barrel gun hidden in the trunk and fourteen pieces of twelve bore live bullets were also recovered and he did not give any satisfactory reply nor did he show any valid documents and there is sufficient material in the case diary against the petitioner to show his complicity in the alleged crime and also the petitioner having three criminal antecedents.

7. Considering all the aspects of the material against the petitioner as mentioned in the impugned order, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

9. However, the trial Court is directed to conclude the trial within a period of one year from the date of receipt of a

Patna High Court CR. MISC. No.26604 of 2024(3) dt.16-04-2024 3/3 copy of this order.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T