Patna High CourtCR. MISC./26498/2016bail granted

Junior Yadav v. The State Of Bihar

2016-08-26Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.26498 of 2016 (3) dt.26-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26498 of 2016 Arising Out of PS.Case No. -101 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Junior Yadav son of Jawahar Yadav, Resident of village- Barari (Old Dyori), P.S- Barari, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Learned counsel for the petitioner is permitted to make necessary corrections in paragraph 3 of the petition in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 05.03.2016 in connection with Kotwali (Barari) P.S. Case No. 101 of 2016 registered for offences under Sections 25(1-b)a/26 and 35 of the Arms Act.

The prosecution story, in brief, is that the police lodged self statement on 4.3.2016 at 3.30 P.M. to the effect that in course of Patrolling at about 7.00 P.M. the police force arrested the petitioner and seized one country made pistol and one live

Patna High Court Cr.Misc. No.26498 of 2016 (3) dt.26-08-2016 cartridge and also seized Rs. 1000/-.

On behalf of the petitioner, it is submitted that the petitioner is in custody since 5.3.2016. Charge-sheet has been submitted in the present case. There is no allegation of tempering of witnesses alleged against the petitioner. As per prosecution case, one country made pistol is said to have been recovered from his possession. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 101 of 2016.

(Sudhir Singh, J) Prakash/- U T