Bulet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47291 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Bulet Yadav Son Of Chandrika Chaudhary Resident Of Village - Brit Belwa, Police Station - Kuchaikote, District - Gopalganj ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-10-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Uchakagaon P.S. Case No. 07 of 2024 registered for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 10.01.2024.
4. The allegation against the petitioner is to have in possession of one country-made pistol alongwith one live cartridge.
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely implicated
Patna High Court CR. MISC. No.47291 of 2024(3) dt.04-10-2024 2/3 with the present case as alleged recovery of countrymade pistol was not made from his possession, rather he was found in possession of one knife only. It is also submitted that seizure list appears doubtful being not supported by independent witnesses rather by police personnels. While concluding the argument it is submitted that petitioner found involved in two more criminal cases, where in both cases he is on bail and moreover, investigation has completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that criminal antecedents of petitioner be taken into consideration.
7. In view of aforesaid facts and circumstances as mentioned above and by taking note of fact as no fire-arm was recovered from petitioner, coupled with the fact as investigation of this case is already completed, where petitioner is in custody since 10.01.2024, accordingly, petitioner, above named, is directed to be released on bail in connection with Uchakagaon P.S. Case No. 07 of 2024 on
Patna High Court CR. MISC. No.47291 of 2024(3) dt.04-10-2024 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./ Section 480(3) of the BNSS with further condition:- (i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(Chandra Shekhar Jha, J) Rajeev/- U T