Sanjay Yadav @ Karey Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33754 of 2023 Arising Out of PS. Case No.-666 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Sanjay Yadav @ Karey Yadav S/O Prasadi Yadav R/O Village- Simariya Chanan, P.S.- Barauni ( Chakiya O.P.), District-Begusarai ... ... Petitioner/S
Versus
The State Of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Barauni (Chakiya O.P.) P.S. Case No. 666 of 2022 registered for the offence under Section 25(1-b)a, 26(i) of Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 23.12.2022.
The allegation against the petitioner is to have in
Patna High Court CR. MISC. No.33754 of 2023(2) dt.24-06-2023 2/3 possession of one country made pistol alongwith five live cartridges.
Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely with present case as alleged firearms were not recovered from the conscious physical possession of this petitioner. It is also submitted that the seizure list is appearing doubtful being not supported by the independent witness rather by police personnels. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above and by taking note of nature of accusation, coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 23.12.2022, accordingly, the petitioner, above named, is directed to be released on bail in connection with Barauni (Chakiya O.P.) P.S. Case No. 666 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.33754 of 2023(2) dt.24-06-2023 3/3 Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T