Patna High CourtCR. MISC./19912/2018disposed

Shyam Deo Yadav v. The State Of Bihar

2018-04-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19912 of 2018 Arising Out of PS. Case No.-54 Year-2017 Thana- PALI District- Jehanabad ====================================================== Shyam Deo Yadav, aged about 50 Years S/o late Buneshwar Yadav, Resident of Rampur Bara,P.S. Pali, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tilak Sao, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.

The prosecution case is that the Sub-Inspector of Police along with other police personnel raided the house of the petitioner on 22.10.2017, at 4.00 P.M when the petitioner escaped from the scene, but from the fodder house of the petitioner, a country made pistol was recovered. It is submitted by learned counsel for the petitioner that country made pistol was found to be ineffective and recovery has been made from the fodder house which has no door. The petitioner has made accused in one other case, apart from the present case, wherein,

Patna High Court Cr.Misc. No.19912 of 2018(2) dt.06-04-2018 2/2 he has been acquitted.

It is submitted by Mr. J. N. Thakur learned APP for the State that the country made pistol has been recovered from the house of the petitioner.

Considering the fact that recovery is made from the fodder house of the petitioner, it is a case for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Pali P.S. Case No.54 of 2017, pending before the learned Judicial Magistrate, 1st Class, Jehanabad. Accordingly, the application is disposed of with the observation aforementioned.

(Dinesh Kumar Singh, J) Ashwini/- U T