Mukesh Yadav @ Bhanu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32939 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- CHHAURADANO District- East Champaran ====================================================== Mukesh Yadav @ Bhanu Son of Gauri Yadav resident of Village-Miscot Muhalla Gyan Babu Chauk, P.S. Motihari Town, District-East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 12.01.2020 in connection with Chhauradano P.S. Case No. 12 of 2020 for the alleged offences under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b), 26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of arms when four persons including the petitioner were arrested. From the petitioner's possession one loaded country made pistol and cartridge were allegedly recovered. Similarly situated co-accused Sagar Kumar has been granted bail by this Court in Cr. Misc. No. 25547 of 2020. It is submitted that the petitioner has already suffered almost a year in custody and claims clean antecedents.

Patna High Court CR. MISC. No.32939 of 2020(2) dt.06-01-2021 2/2

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 12.01.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Raxaul, Motihari, East Champaran in connection with Chhauradano P.S. Case No. 12 of 2020 , if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T