Patna High CourtCR. MISC./12111/2017bail granted

Prashant Yadav @ Prashant Prabhakar And ORS v. The State Of Bihar

2017-03-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12111 of 2017 Arising Out of PS.Case No. -232 Year- 2016 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Prashant Yadav @ Prashant Prabhakar, Son of Tansen Yadav @ Prabha Shankar.

2. Rajbeer Mandal, Son of Manoj Mandal.

3. Dilip Mandal, Son of Upendra Mandal. All Residents of VillageSakhasan, WardNo. 13, Police Station- Kumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav For the Informant : Smt. Madhuri ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-03-2017 The petitioners are apprehending their arrest in connection with Kumar Khand P.S. Case No. 232 of 2016, registered for offences punishable under Sections 25(1-b), 26 and 35 of the Arms Act.

It has been submitted on behalf of the petitioners that no case under the above sections of Arms Act is made out against the petitioner as the alleged arm has not been seized by the police rather it has been seized by a private person and the implication of petitioner in this case is contrary to Section 37 of Arms Act and, therefore, the petitioner deserves the privilege of bail. Heard learned A.P.P. and learned counsel for the

Patna High Court Cr.Misc. No.12111 of 2017 (2) dt.23-03-2017 2/2 informant, they have opposed the prayer for bail. However, learned counsel for the informant could not controvert the above submission of learned counsel for the petitioner. Having heard both sides, in view of the facts and circumstances of the case and submission of learned counsel for the parties, let petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Madhepura in connection with Kumar Khand P.S. Case No. 232 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Vinod Kumar Sinha, J) sunil/- U T