Manoj Yadav @ Murul Yadav @ Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50257 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- NAWANAGAR District- Buxar ====================================================== MANOJ YADAV @ MURUL YADAV @ MANOJ KUMAR SINGH SON OF LATE RAJDEV YADAV R/O VILLAGE- KESATH, DAKSHIM DERA, P.S.- NAWANAGAR, DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nawanagar PS case no. 85 of 2021 instituted for the offences punishable under Sections 25(1-b)aa/26/35 of Arms Act.

The allegation is regarding the police having received secret information that illegal arms were being manufactured in the house in question, whereafter raid was conducted and the co-accused person namely Raj Kumari Devi was arrested with various materials used for manufacturing arms and ammunition. It is further alleged that the petitioner is the brother-in-law of the said Raj Kumari Devi and also resides in

Patna High Court CR. MISC. No.50257 of 2021(2) dt.08-03-2022 2/3 the said house.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 14.07.2021. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one other case but he is on bail in the said case. Lastly, it is submitted that the petitioner is a mechanic engaged in repairing water pumps, hence the materials recovered from the house in question are only the materials which are used for repairing the water pumps and in fact, no arms/ ammunition have been recovered from the house in question.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that no arms/ ammunition have been recovered from the house in question and the petitioner is languishing in custody since a considerable time, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to

Patna High Court CR. MISC. No.50257 of 2021(2) dt.08-03-2022 3/3 be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Buxar in connection with Nawanagar PS case no. 85 of 2021. (Mohit Kumar Shah, J) rinkee/- U T