Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42056 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Mukesh Yadav S/O Mahendra Yadav R/O Village-Katahara, P.S-Piri Bazar, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 This case was taken out of turn on mentioning made by the learned counsel for the petitioner, Shri Arun Kumar Tiwary, on the ground that daughter of the petitioner was getting married on 13.12.2021. Accordingly by order dated 18.11.2021, a report was called for from the Superintendent of Police, Lakhisarai. A report on behalf of the Superintendent of Police, Lakhisarai has been received vide letter no. 4212 dated 23.11.2021 wherein the Superintendent of Police after inquiring has recorded that the daughter of the petitioner is getting married on 13.12.2021, as such the present bail application is being taken up. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Piri Bazar P.S. Case No. 36 of 2021 instituted for the offences under

Patna High Court CR. MISC. No.42056 of 2021(3) dt.25-11-2021 2/2 Sections 25 (1-b)a and 26 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted in the case and is a person with clean antecedent Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that the loaded pistol along with one cartridge was recovered from his possession. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 20.03.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Lakhisarai in connection with Piri Bazar P.S. Case No. 36 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T