Mirtunjay Yadav @ Mritunjay Kumar @ Piltha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33306 of 2025 Arising Out of PS. Case No.-323 Year-2024 Thana- Marnga District- Purnia ====================================================== Mirtunjay Yadav @ Mritunjay Kumar @ Piltha S/o Late- Rabindra Prasad Yadav @ Late Ravindra Prasad @ Robin Yadav, R/o Vilage- Maranga (West), P.S.-Maranga, District- Purnea.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Maranga P.S. Case No. 323 of 2024 dated 28.11.2024 instituted for the offences punishable under Sections 25(1)a, 25(1)b and 35 of the Arms Act.
3. As per the prosecution story, there is allegation of recovery of a rifle, pistol, two magazines as well as live bullets from the possession of the petitioner and a vehicle has also been seized from the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the FIR and his name transpired in the present case due to the fact that he is the registered owner
Patna High Court CR. MISC. No.33306 of 2025(2) dt.26-05-2025 2/3 of the seized vehicle in question. From perusal of the FIR it is evident that no any fire-arm was recovered from the possession of the petitioner. In fact, one Satya Narayan Basak was in possession of Rifle and pistol and Licensing Authority had issued licenses in favour of Satya Narayan Basak on 11.12.2012 and both the licenses are valid till 31.12.2027. The brother of petitioner had hired the services of Satya Narayan Basak and petitioner has no concern either with Satya Narayan Basak or with the recovered fire-arms. Petitioner carries 10 criminal antecedents. Petitioner is in custody since 06.03.2025. The coaccused persons namely, Satya Narayan Basak and and Chhotu Kumar @ Chhotu Yadav have been granted regular bail by a coordinate Bench of this Court vide orders dated 13.05.2025 passed in Cr. Misc. No. 22538 of 2025 and Cr. Misc. No. 8441 of 2025 respectively. He lastly submits that after completion of investigation, chargesheet has been submitted against the petitioner.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties and considering the facts and circumstances of the case as well as petitioner's period under custody and grant of regular bail to
Patna High Court CR. MISC. No.33306 of 2025(2) dt.26-05-2025 3/3 the co-accused persons, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed as yet. Accordingly, 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, Purnea, in connection with Maranga P.S. Case No. 323 of 2024, on further conditions: (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall cooperate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Shahnawaz/- U T