Rakesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40825 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- RUPAULI District- Purnia ====================================================== RAKESH KUMAR YADAV S/O TEJ NARAYAN YADAV RESIDENT OF VILLAGE-BHANGHA, P.S FALKA (POTHIYA O.P.), DISTRICTKATIHAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 The matter has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Rupauli P.S. Case No. 20 of 2021, disclosing offence punishable under Sections 25(1-b) a/35 of the Arms Act.

The petitioner is in custody since 19.01.2021, as stated in paragraph-10 of the application. Allegedly, from the petitioner's possession a country-made pistol and live cartridges were recovered. On perusal of First Information Report, it appears that there is no allegation against the petitioner of use of

Patna High Court CR. MISC. No.40825 of 2021(3) dt.05-01-2022 2/2 fire-arm. It further transpires that charge-sheet has already been submitted.

As the petitioner is in custody for nearly one year, considering the nature of allegation against him, as noted above, this application is allowed.

Let the petitioner, above-named, 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 learned Judicial Magistrate 1st Class, Purnea, in Rupauli P.S. Case No. 20 of 2021.

(Chakradhari Sharan Singh, J) Rajesh/- U T