Patna High CourtCR. MISC./44568/2024bail granted

Shyamakant Yadav @ Kailash Yadav v. The State Of Bihar

2024-09-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44568 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- FALKA District- Katihar ====================================================== Shyamakant Yadav @ Kailash Yadav S/o Ambika Yadav @ Ammi Yadav @ Amini Yadav R/o Village- Athaniya Pirpainti, P.S.-Pirpaiti, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Falka (Pothia) P.S. Case No. 28 of 2024, instituted for the offences punishable under Section 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there has been recovery of one rifle and 15 live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the

Patna High Court CR. MISC. No.44568 of 2024(3) dt.21-09-2024 2/2 alleged recovery of arms. The petitioner is in custody since 07.02.2024 and has got one criminal antecedent in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Falka (Pothia) P.S. Case No. 28 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T