Praveen Yadav @ Praveen Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36637 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== PRAVEEN YADAV @ PRAVEEN KUMAR YADAV Son of Yogendra Yadav Resident of Village - Heru Diyar, P.S.- Kasim Bazar, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Muffasil Police Station Case No. 29 of 2019, disclosing offences under Sections 25 (1-A)/25(1-AA)/25(1-B)A/25(1B)C/26/35 of the Arms Act. The allegation against the petitioner, as per the First Information Report, is that the police, upon secret information, organized raid near Hirudiyara Bahiyar and upon seeing the police party, some of the miscreants fled away from the place of occurrence and the police, upon chase, arrested two accused persons, who disclosed the name of this petitioner and others. The Police recovered equipment for making fire-arms.

Patna High Court CR. MISC. No.36637 of 2019(3) dt.17-08-2019 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive. He further submits that two accused persons have been arrested, who disclosed the name of this petitioner in the present offence and no recovery of any incriminating material has been made from the possession of the petitioner. He further submits that similarly situated co-accused Tappu Singh has ben granted bail by this Court by order, dated 02.05.2019, passed in Criminal Misc. No. 29021 of 2019.

After having heard learned Counsel for the parties and taking into consideration the fact that no incriminating articles has been recovered from the possession of the petitioner and similarly situated co-accused person has been granted bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioner, Praveen Yadav @ Praveen Kumar Yadav, in the event of his arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Munger, in connection with Muffasil Police Station Case No. 29 of 2019, subject to the condition laid down under

Patna High Court CR. MISC. No.36637 of 2019(3) dt.17-08-2019 3/3 Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √