Shivan Yadav @ Shivan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40724 of 2021 Arising Out of PS. Case No.-93 Year-2021 Thana- KHAIRA District- Jamui ====================================================== 1.

SHIVAN YADAV @ SHIVAN KUMAR YADAV Son of Sri Naresh Yadav Resident of Village - Daultapur, P.S. and Distt.- Jamui. 2.

KUNDAN YADAV Son of Diwakar Yadav Resident of Village - Daultapur, P.S. and Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Bhim Sen Prasad, Adv.

For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 25(1-B) (a), 26 and 35 of the Arms Act.

As per the prosecution case, one loaded country made pistol and three live cartridges were recovered from the possession of the petitioner no.1 and one loaded country made pistol and one live cartridge were recovered from the possession of the petitioner no.2.

It is submitted by learned Senior Counsel appearing for the petitioners that no incriminating article has been

Patna High Court CR. MISC. No.40724 of 2021(2) dt.21-01-2022 2/2 recovered from possession of the petitioners. They have been falsely implicated in the case. They are in custody since 22.3.2021 and have no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners not having any criminal antecedent and having remained in custody for about 10 months, the Court directs the petitioners to be enlarged on bail in connection with Khaira P.S. Case no. 93 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui.

(Partha Sarthy, J) Bibhash/- U