Piyush Yadav @ Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49901 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- MUNGER MUFFASIL District- Munger ====================================================== PIYUSH YADAV @ ABHAY KUMAR Son of Chandra Kishor Yadav Resident of Village- Ratanpur, P.S.- Bariyarpur, and District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Munger Mufassil Police Station Case No. 62 of 2021, registered for the offences punishable under Sections 25(1-b)a/26(i)/35 of the Arms Act.

The prosecution case, as per the First Information Report, is that the police intercepted one motorcycle, which was being driven by the petitioner and recovered 12 country-made pistols, kept in two bags from the pillion rider, namely, Neeraj Yadav.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that the petitioner was not aware about the fact that the pillion rider was having illegal fire arms. He further submits that

Patna High Court CR. MISC. No.49901 of 2021(2) dt.11-03-2022 2/2 co-accused, Neeraj Yadav, is the co-villager of the petitioner and at the request of said Neeraj Yadav, the petitioner had given him a lift on his motorcycle. He further submits that the petitioner is in custody since 25.02.2021, having no criminal antecedent and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted and the petitioner is in custody since 25.02.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Munger Mufassil Police Station Case No. 62 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √