Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38013 of 2022 Arising Out of PS. Case No.-100 Year-2022 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Rahul Yadav S/o Late Suresh Yadav Resident of Village- Bahuara, P.S.- Barharia, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with G.B. Nagar P.S. Case No. 100 of 2022 lodged under Section 414 of the I.P.C. read with Sections 25(1-b)A, 26 and 35 of the Arms Act.

As per the prosecution case, the recovery of one country made pistol and one live cartridge made from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. His

Patna High Court CR. MISC. No.38013 of 2022(2) dt.30-09-2022 2/2 antecedent is clean and in custody since 20.04.2022. He submits that charge sheet has already been filed in this case. Upon specific query that whether charge has been framed or not, learned counsel submits that charge has not been framed. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but he may renew his bail after framing of charge and upon framing of charge, the Trial Court is directed to release him on bail imposing its own conditions so that he may not evade from trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T