Satyendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9579 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -PARAIYA District- GAYA ====================================================== Satyendra Yadav Son of Chandrika Yadav, Resident of Village - Solra, Police Station - Paraiya and District - Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. P.K. Pandey (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is languishing in judicial custody since 10.11.2015 in connection with Paraiya P.S. Case No.121 of 2015 for offences alleged under Sections 25 (1-b) (a) and 26 of the Arms Act.

The prosecution case is on the self statement of one Pankaj Kuamr Singh to the S.H.O. of Paraiya Police Station alleging therein that on 09.11.2015 he along with other police personnel proceeded for patrolling. During patrolling he found a vehicle parked South of village Kodihra. On seeing the police party the persons who were sitting in the vehicle started fleeing. Some other persons managed to escape, but the driver was caught

Patna High Court Cr.Misc. No.9579 of 2016 (2) dt.01-03-2016 2/2 who disclosed his name as Satyendra Yadav. In presence of the witnesses a search has been made and from possession of Satyendra Yadav a country made pistol and a cartridge has been recovered. A seizure list has been prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal history and is a owner of the said vehicle. No overt act has been committed by the petitioner and started that the seized pistol with the cartridges did not belong to him.

However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner is named in the F.I.R.

Taking into consideration the aforesaid facts and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Gaya in connection with Paraiya P.S. Case No.121 of 2015.

(Nilu Agrawal, J) N.H./- U T