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Patna High CourtCR. MISC./36872/2023bail granted

Kusho Yadav v. The State Of Bihar

2023-07-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36872 of 2023 Arising Out of PS. Case No.-240 Year-2022 Thana- GOGRI District- Khagaria ====================================================== Kusho Yadav Son Of Khekho Yadav Resident Of Village- Fudkichak, PsGogri, Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Gogri P.S Case No. 240 of 2022 dated 19.09.2022 registered for the offence punishable under Sections 25(1-B)a and 26(1) of the Arms Act. As per the prosecution case, on seeing the police, one person started fleeing away but he was apprehended by the police who disclosed his name as Kusho Yadav (the petitioner). On search, a country-made pistol and 10 live cartridges were

Patna High Court CR. MISC. No.36872 of 2023(2) dt.07-07-2023 2/2 recovered.

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 possession of the petitioner. The petitioner is accused in eight other criminal cases out of which he is on bail in six other cases as stated in para 3 of the bail petition. The petitioner is in custody since 19.09.2022.

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

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, Khagaria in connection with Gogri P.S Case No. 240 of 2022.

The application stands allowed.

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