Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45834 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- KHUDWA District- Aurangabad ====================================================== Bhushan Yadav S/o Shinandan Singh Yadav @ Shivnandan Singh @ Svinandan Yadav R/o Village- Ramnagar, P.S.- Khudwan, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khudwan P.S. Case No. 92 of 2024 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act. Earlier vide order dated 07-03-2025, passed in Cr. Misc.No. 13716 of 2025, bail of the petitioner was rejected by this Court. 3.

As per prosecution case, accusation against the petitioner is that there is recovery of one country made pistol from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-12-2024. Petitioner bears seven criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.45834 of 2025(2) dt.04-07-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the recovered arms. There is no compliance of Section 103 of the BNSS, 2023. Police after completion of investigation has submitted charge sheet in this case. Other co-accused has been enlarged on bail by this Court vide order dated 07-03-2025, passed in Cr. Misc. No. 13716 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khudwan P.S. Case No. 92 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.45834 of 2025(2) dt.04-07-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T