Patna High CourtCR. MISC./43246/2024bail granted

Baleshwar Kumar Yadav @ Baleshwar Yadav v. The State Of Bihar

2024-07-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43246 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Baleshwar Kumar Yadav @ Baleshwar Yadav S/o- Rampukar Ray Resident Of Village- Koraiya Paschami Tola Ps- Adapur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Adapur P.S. Case No. 110 of 2024 dated 29.03.2024 registered for the offences punishable u/ss 399, 402, 414 read with Section 34 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one live cartridge and a mobile phone were recovered from the possession of the petitioner. One loaded country made pistol and Rs. 10,000/- in cash were also recovered from the co-accused, Anish Kumar @ Bhola.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43246 of 2024(2) dt.02-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case merely on suspicion. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. 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, East Champaran, Motihari, in connection with Adapur P.S. Case No. 110 of 2024.

7. The application stands allowed.

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