Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36245 of 2017 Arising Out of PS.Case No. -189 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Sanjay Yadav son of Ram Prasad Yadav resident of village Naya Tola Jurabganj, P.S. Korha, District Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in Kotwali (Barari) P.S. Case No. 189 of 2017 for the offences alleged under Section 414 of the Indian Penal Code and Sections 25 (1-B)a and 26 of the Arms Act.

Learned counsel for the petitioner submits at the outset that the petitioner has got no criminal antecedent but in the First Information Report it is alleged that during the patrolling the Sub Inspector of Police caught hold of this petitioner and recovered one pistol loaded with .315 bore cartridge and one mobile. It is alleged that the petitioner could not explain the recovered arms and the mobile phone by producing any cogent document to

Patna High Court Cr.Misc. No.36245 of 2017 (2) dt.10-08-2017 2/2 support his possession. The petitioner is in custody since 22.04.2017. It is submitted that the investigation is over and police has already submitted a charge sheet.

Learned A.P.P. opposed the prayer for bail.

Considering the fact that there is no criminal antecedent of this petitioner and the investigation is over, let the petitioner, namely, Sanjay Yadav, be enlarged on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 189 of 2017, subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T