Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48261 of 2018 Arising Out of PS. Case No.-8 Year-2017 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Santosh Yadav, Son of Dev Narayan Yadav, Resident of Village- Salempur, P.S.- Bisfi, Distt- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Madhubani Town P.S. Case No. 8 of 2017 registered for the offence punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.

One country made pistol is said to have been recovered from dickey of the motorcycle of the petitioner and petitioner managed to escape while another accused sitting on the said motorcycle, namely, Alok Kumar was apprehended. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. Though, he happens

Patna High Court Cr.Misc. No.48261 of 2018(3) dt.28-09-2018 2/2 to be owner of the aforesaid motorcycle, but he had given the said motorcycle to Alok Kumar for plying the same on his request and he had no knowledge of keeping of arms in the said motorcycle by him and Alok Kumar on his arrest has falsely implicated the petitioner in the occurrence to save his skin in the said case. Though, one more criminal case has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 22.02.2018. Aforesaid Alok Kumar has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 09.05.2017 passed in Cr. Misc. no. 20753 of 2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 8 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T