Vinay Yadav @ Vinay Kr. Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.49356 of 2016 (2) dt.14-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49356 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Vinay Yadav @ Vinay Kr. Yadav S/o Raju Yadav, Resident of VillageDeokulipar, Police Station- Bihar, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
Petitioner, Vinay Yadav @ Vinay Kumar Yadav, is in custody since 15.04.2016 in connection with Manpur P.S. Case No. 36 of 2016 registered under Sections 399 and 402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.
3.
According to prosecution case, one loaded country-made pistol and three live cartridges were recovered from the possession of the petitioner.
4.
Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner is in custody for more than seven months. Moreover, the similarly situated co-accused, namely, Jai Ram Singh has already
Patna High Court Cr.Misc. No.49356 of 2016 (2) dt.14-12-2016 been granted bail by a co-ordinate Bench of this Court vide order dated 26.10.2016 passed in Cr. Misc. No. 37065 of 2016. 5.
Learned A.P.P. for the State submitted that the petitioner is named in the F.I.R.
6.
Regard being had to the facts and circumstances of the case and the fact that the similarly situated accused has been granted bail by a co-ordinate Bench of this Court and also the period of detention of this petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 36 of 2016. Brajesh/- (Arvind Srivastava, J) U T