Bineshwar Yadav @ Binesher Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36798 of 2019 Arising Out of PS. Case No.-123 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== Bineshwar Yadav @ Binesher Yadav Son of Musafir Yadav Resident of Village - Akauna, P.S.- hunterganj, Dist.- Chatara (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402 of the Indian Penal Code and Sections 25(1b)a/26/35 of the Arms Act. Allegedly, a country-made pistol and two live cartridges were recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 22-04-2019. Charge sheet has already been submitted. The petitioner was not apprehended on the spot. The name of the petitioner has surfaced in this case in the disclosure made by the co-accused. There is no recovery of

Patna High Court CR. MISC. No.36798 of 2019(2) dt.25-06-2019 2/2 any arms or incriminating article from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Sherghati at Gaya in connection with Imamganj P.S. Case No. 123 of 2018.

(Sudhir Singh, J) A.K.V.//- U T