Patna High CourtCR. MISC./44998/2022bail granted

Sanni Yadav v. The State Of Bihar

2023-02-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44998 of 2022 Arising Out of PS. Case No.-279 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SANNI YADAV SON OF SURESH RAI R/O VILLAGE- KATHA, P.S.- MOTIHARI MUFASSIL, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Motihari Muffasil PS case no. 279 of 2022 instituted for the offences punishable under Sections 25(1-b)A/26 of Arms Act.

The allegation is regarding the police having apprehended the petitioner and upon search, one countrymade pistol and two live cartridges were recovered from him. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 19.04.2022. The learned counsel for the petitioner has further

Patna High Court CR. MISC. No.44998 of 2022(4) dt.01-02-2023 2/2 submitted that the petitioner is accused in two other cases but he is on bail in the said case. It is also submitted that a sympathetic view be taken in view of the period of incarceration of the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is languishing in custody since more than 07 months, I deem it fit and appropriate to direct for release of the petitioner on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. East Champaran at Motihari in connection with Motihari Muffasil PS case no. 279 of 2022. (Mohit Kumar Shah, J) rinkee/- U T