Ashish Kumar @ Dilkhush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46374 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Ashish Kumar @ Dilkhush Yadav S/o Rajkumar yadav @ Rajkumar Singh Resident of Village - Kabilasha, Ward No. 12, P.S. Raniganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-12-2022 The matter is heard through video conferencing in virtual mode.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State through virtual mode. Petitioner seeks regular bail in connection with Raniganj P.S. Case No. 25 of 2022 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act. As per the prosecution, informant along with other police personnel acting upon a secret information apprehended this petitioner with other co-accused persons and upon conducting search from the possession of this petitioner eight live cartridges, two mobile phones and a motorcycle without number plate were recovered.

Patna High Court CR. MISC. No.46374 of 2022(2) dt.09-12-2022 2/2 The main submissions advanced by learned counsel Mr. Gopal Kumar Jha appearing for the petitioner are that only eight live cartridges are alleged to have been recovered from the possession of this petitioner and the petitioner has been languishing in jail since 30.01.2022 and the said recovery of cartridges is completely false and there is criminal antecedent of only one case against the petitioner.

Learned APP Mr. Kumar Veerendra Narayan appearing for the State has opposed the bail prayer. Having regard to the facts and circumstances of this case, considering the above submissions and mainly the facts that only eight live cartridges without any pistol or revolver are alleged to have been recovered from the possession of this petitioner and the order of learned Court below goes to show that the investigation has been completed against the petitioner, in the opinion of this Court, the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Raniganj P.S. Case No. 25 of 2022.

(Shailendra Singh, J.) annu/- U T