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Patna High CourtCR. MISC./25074/2023allowed

Raj Kumar Yadav v. The State Of Bihar

2023-05-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25074 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== RAJ KUMAR YADAV SON OF LATE SANTOSH SINGH R/O VILLAGEBANAWALI, P.S.- NARAYANPUR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 414, 420, 467, 468, 471/34 of the Indian Penal Code and section 25 (1-B)a, 26, 35 of the Arms Act.

As per allegation in the FIR, during vehicle checking, police stopped one motorcycle and apprehended two accused persons and on search one loaded pistol from possession of coaccused Aryan Kumar and one mobile and two live cartridges were recovered from pocket of the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Provision of Section 100 CR.P.C. has not been followed by the

Patna High Court CR. MISC. No.25074 of 2023(2) dt.22-05-2023 2/2 police officials while preparing the seizure list. Petitioner has no criminal antecedent and he is languishing in judicial custody since 7.2.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 55 of 2023.

(Sunil Kumar Panwar, J) sushma/- U