Kanbali Yadav @ Mitto Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40456 of 2025 Arising Out of PS. Case No.-578 Year-2023 Thana- RAJAON District- Banka ====================================================== Kanbali Yadav @ Mitto Yadav S/o Deghar Yadav R/o Village- Shyampur Ghutiya, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rajoun P.S. Case No. 578 of 2023, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one loaded country made pistol from the possession of co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested from the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement

Patna High Court CR. MISC. No.40456 of 2025(2) dt.27-06-2025 2/2 made by co-accused, namely, Bobby Kumar and the same has got no evidentiary value. It is next submitted that no recovery of arms have been made from the possession of the petitioner. The petitioner is in custody since 10.03.2025 and has got three criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 21.06.2024 passed in Cr. Misc. No. 40810 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajoun P.S. Case No. 578 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T