Gorelal Yadav @ Gorelal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42123 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== GORELAL YADAV @ GORELAL KUMAR Son of Late Ghamandi Yadav Resident of Village - Paharpur (Awgil Mathar), P.S.- Medni Chowki, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mrs. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Medni Chowki P.S. Case No. 61 of 2021 registered for the offence under Section 398 and 401 of the I.P.C. and 25 (1-b)a , 26 and 35 of the Arms Act.

As per the First Information Report Police on the basis of confidential information proceeded towards the place of occurrence and upon seeing Police party four persons sitting on a "Pulia" tried to flee away, however, two persons were apprehended by the Police and two succeeded in fleeing away and on search Police recovered one pistol and one cartridge from the possession of the co-accused Amit Kumar. The petitioner was arrested along with Amit Kumar. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and no fire arm has been recovered from his possession. Recovery of fire arm is from the possession of the other co-accused Amit Kumar. He

Patna High Court CR. MISC. No.42123 of 2021(2) dt.01-02-2022 2/2 further submits that there is no material against the petitioner to connect him with the offence under Sections 398 / 401 of the IPC. The petitioner is in custody since 30 / 4 / 2021 , charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, he is in custody since 30 / 04 / 2021, there is no recovery of fire arm from the possession of the petitioner, charge sheet has already been submitted and trial is not likely to be concluded in near future due to Covid 19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Lakhisarai in connection with Medni Chowki P.S. Case No. 61 of 2021.

(Anil Kumar Sinha, J) praful/- U T