Vidyasagar Yadav @ Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43806 of 2022 Arising Out of PS. Case No.-127 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== Vidyasagar Yadav @ Bablu Yadav Son of Sipahi Yadav Resident of Village - Sarharwa, P.s.- Darauli, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-02-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Mairwa P.S. Case No. 127 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of Arms Act. As per the prosecution, while the informant along with other police personnel were on regular patrolling duty apprehended this petitioner and from the possession of this petitioner one loaded country-made pistol and a cartridge were recovered.

The main submissions advanced by learned counsel Mr. Prafull Chandra Thakur appearing for the petitioner are that

Patna High Court CR. MISC. No.43806 of 2022(4) dt.13-02-2023 2/2 in actual the petitioner was arrested by the police from his house but not at the alleged place mentioned in the FIR, though against him, five other cases are also running but he has got bail in all the said cases and in the present matter he has been languishing in jail since 29.03.2022.

Learned APP Mr. Arun Kumar Singh appearing for the State has opposed the bail prayer.

Considering the above submissions and mainly the period of custody undergone by the petitioner and also the fact that in the FIR, any other allegation except keeping the alleged fire-arms in his possession was not made against him, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner namedabove 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 Court concerned in connection with Mairwa P.S. Case No. 127 of 2022.

(Shailendra Singh, J) annu/- U T