Patna High CourtCR. MISC./37682/2021bail granted

Madhu Yadav v. The State Of Bihar

2021-12-08Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37682 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== MADHU YADAV Son of Late Ramchandra Rai Resident of Village - Dadour (Naya Tola), P.S.- Bakhtiyarpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Narayan Singh For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Bakhtiyarpur P.S. Case no. 09 of 2021 registered for the offence punishable under sections 25(I-B)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that petitioner is in custody since 09.01.2021, is person with clean antecedent and charge sheet has been submitted. Learned counsel for the petitioner submits that informant in the FIR alleges that on information house of Arvind Kumar was raided and from there two country made pistols and three live cartridges were recovered and Madhu Yadav (petitioner) disclosed that his son Arvind Kumar is engaged in business of ganja and used to keep arms for the said purpose. Learned

Patna High Court CR. MISC. No.37682 of 2021(2) dt.08-12-2021 2/2 counsel submits that ganja was not recovered from the premises and the petitioner along with his son has been falsely implicated in this case. Learned counsel submits that as far as recovery is concerned though it is alleged to be recovered from the house of the petitioner but the same was recovered from back side of the house of the petitioner which is an open area as such petitioner has been falsely implicated by the informant. Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody , is person with clean antecedent and charge sheet has been submitted, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Barh in Bakhtiyarpur P.S. Case no. 09 of 2021.

(Satyavrat Verma, J) s.hassan/- U T