Vimal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42545 of 2021 Arising Out of PS. Case No.-86 Year-2020 Thana- SARE District- Nalanda ====================================================== VIMAL YADAV S/o Kamdhin Yadav @ Kamudin Yadav Resident of VillageDullabigha, P.S.- Sare, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections-399, 402, 414 of the Indian Penal Code and Sections- 25(1-b)a, 26, 27/35 of the Arms Act. Allegedly, one country made pistol and three country-made rifles are recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to

Patna High Court CR. MISC. No.42545 of 2021(2) dt.22-12-2021 2/2 mistake of fact. Arms are said to have been recovered from possession of the co-accused. There is no recovery of arms from possession of the petitioner. The name of the petitioner has transpired in this case on the basis of disclosure made by coaccused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no compliance of Section 100 of the Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of Additional Sessions Judge-VII, Nalanda at Bihar Sharif in connection with Sare P.S. Case No. 86 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T