Amit Kumar Yadav @ Salman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40779 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== AMIT KUMAR YADAV @ SALMAN son of Rajendra Yadav villageSaidpur Bakarganj Abhanda Ps- Laherisarai Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kamtaul P.S. Case No. 36 of 2023 dated 2.3.2023 registered for the offence punishable u/s 25(1-b)a, 26, 35 of the Arms Act.

As per the prosecution case, on search, one loaded magazine containing 5 live cartridges and two mobile phones were recovered from the possession of the petitioner who was

Patna High Court CR. MISC. No.40779 of 2023(2) dt.19-07-2023 2/3 apprehended by the police during the course of checking of vehicles.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in 8 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 3.3.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Darbhanga in connection with Kamtaul P.S. Case No. 36 of 2023 with the following condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.40779 of 2023(2) dt.19-07-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T