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Patna High CourtCR. MISC./53826/2021bail granted

Abhimanyu Yadav @ Ashutosh Kumar @ Mannu v. The State Of Bihar

2022-04-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53826 of 2021 Arising Out of PS. Case No.-402 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== ABHIMANYU YADAV @ ASHUTOSH KUMAR @ MANNU SON OF AJAY KUMAR @ SANJAY YADAV R/O MOHALLA- PANCHWATTI CHOWK GANGJALA WARD NO.17, P.S.- SAHARSHA SADAR, DISTRICT- SAHARSA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on a raid being conducted by the police personnel this petitioner and one another were arrested while three accused persons managed to escape. From possession of the petitioner one live cartridge was recovered. It is submitted by learned counsel for the petitioner that contrary to the allegations no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case because of his antecedent. He is in

Patna High Court CR. MISC. No.53826 of 2021(2) dt.01-04-2022 2/2 custody since 18.5.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case specially the petitioner having remained in custody for more than 10 months, the petitioner is directed to be enlarged on bail in connection with Saharsa Sadar P.S. Case no. 402 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.

(Partha Sarthy, J) Spd/- U T