Balbir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42577 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- RUPAULI District- Purnia ====================================================== BALBIR YADAV Son of Bindeshwari Yadav Resident of Village - Dhobiniya, Ward No. 10, P.S.- Naugachhia, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Yadav For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition has been filed for grant of regular bail on behalf of the petitioner in connection with Rupali (Mohanpur) P.S. Case No. 18 of 2019 registered for the offence punishable under Sections Sections 25(1-B)a, 26/35 of the Arms Act.

The allegation of the prosecution is that when the Police Party was on patrolling duty, two persons including the petitioner herein, were going on a motorcycle and the petitioner herein, sitting on the back, was holding a gun in his hand whereafter the said persons were apprehended and as far as the petitioner is concerned, a country made pistol along with two live cartridges were recovered from his possession.

Patna High Court CR. MISC. No.42577 of 2019(3) dt.27-09-2019 2/2 The learned counsel for the petitioner submits that the petitioner is languishing in custody since 23.02.2019, hence has already been suitably punished. It is further submitted that the petitioner has been falsely implicated and he is having a clean antecedent.

Having regard to the facts and circumstances of the present case, this Court deems it fit and proper to grant regular bail to the petitioner, above named, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Rupali (Mohanpur) P.S. Case No. 18 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T