Patna High CourtCR. MISC./50065/2024bail granted

Akhilesh Yadav v. The State Of Bihar

2024-09-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50065 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- ASANWA District- Siwan ====================================================== Akhilesh Yadav Son of Late Sheoji Yadav Resident of village - Patar Bhusi Tola, P.S.- Raghunathpur, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Asawn P.S. Case No. 29 of 2024, instituted for the offences punishable under Section 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one country made pistol and four live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no

Patna High Court CR. MISC. No.50065 of 2024(3) dt.21-09-2024 2/2 concern with the alleged recovery of arms. The petitioner is in custody since 06.04.2024 and has got three criminal antecedents in which he is on bail in two cases. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Asawn P.S. Case No. 29 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T