Patna High CourtCR. MISC./39256/2024bail granted

Kamadeo Yadav v. The State Of Bihar

2024-07-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39256 of 2024 Arising Out of PS. Case No.-627 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Kamadeo Yadav S/O LATE GANESHI YADAV Resident of Village- Tintanga Karari, P.S. Gopalpur, District Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S Case No. 627 of 2023 dated 26.12.2023 registered for the offence punishable under Section 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, one country-made gun and 24 live cartridge were recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.39256 of 2024(3) dt.18-07-2024 2/3 possession of the petitioner. The co-accused person has already been granted regular bail by this Court vide order dated 15.05.2024 passed in Cr. Misc. No. 34884 of 2024. The petitioner has 13 criminal antecedents and he is acquitted in four cases as stated in para 3 of the bail petition. The petitioner is in custody since 26.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia in connection with Gopalpur P.S. Case No. 627 of 2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

Patna High Court CR. MISC. No.39256 of 2024(3) dt.18-07-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Shivam/- U T