Jangli Yadav @ Prashant Kumar @ Prashant Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34951 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== JANGLI YADAV @ PRASHANT KUMAR @ PRASHANT YADAV Son of Chandrasekhar Yadav Resident of Village- Baisa, Police Station- Parbata (Maraiya), District- Khagaria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nand Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP .
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and Shri Sanjay Kumar Sharma, the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Parbatta (Maraiya) P.S. Case No. 32 of 2020 for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The informant along with his police force is stated to have arrested one person namely Chandra Shekhar Yadav and from his possession one black colour carbine with two black colour magazine were recovered along with two mobile sets and he disclosed the name of the persons who had fled away, one of them being the petitioner herein.
The learned counsel for the petitioner has submitted that the
Patna High Court CR. MISC. No.34951 of 2020(2) dt.21-12-2020 2/2 petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 28.05.2020. It is further submitted that the petitioner has been falsely implicated in the present case merely since he is having a bad criminal antecedent and in fact admittedly no illicit arms have been recovered from his possession.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no illicit arms have been recovered from the petitioner herein and he has been roped in the present case merely on suspicion, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Khagaria in connection with Parbatta (Maraiya) P.S. Case No. 32 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T