Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9920 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- SUPAUL District- Supaul ====================================================== SUBHASH YADAV Son of Jagan Yadav @ Yogendra Yadav Resident of Village - Balwa, Ward no.6, P.S.- Supaul, Distt.- Supaul. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Akhouri Vipin Bihari Shrivastava, Patla Kumari, Advocates For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Supaul P.S. Case no. 100 of 2020 registered under sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, a county-made pistol and two live cartridges was recovered from the room beneath the bed wherein the petitioner and one another were present. It is submitted by learned counsel for the petitioner that the allegations of recovery are false and concocted. He has

Patna High Court CR. MISC. No.9920 of 2021(3) dt.16-07-2021 2/2 been falsely implicated in the case. He is in custody since 13.2.2020 and investigation in the case has concluded. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case including the petitioner not having any criminal antecedent and having remained in custody for 1 year 5 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Supaul P.S. Case no.100 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul.

Spd/- (Partha Sarthy, J) U T