Bimlesh @ Amlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47069 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- ISMAILPUR District- Bhagalpur ====================================================== Bimlesh @ Amlesh Yadav S/O Ganesh Yadav R/O Village- Alauli, P.SAlauli, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Yadav, Advocate For the Opposite Party/s :
Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Ismailpur P.S. Case No.76 of 2022 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The accused/petitioner is named in the F.I.R. and is in custody since 08.06.2022.
4. The allegation against the petitioner is to have in possession of one loaded countrymade pistol alongwith 25 live cartridges.
Patna High Court CR. MISC. No.47069 of 2023(2) dt.01-08-2023 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that the recovery of a countrymade pistol and 25 live cartridges as per seizure list not appears to be recovered from the conscious physical possession of this petitioner and moreover, co-accused, namely Roshan Kumar @ Roshan Yadav, who was arrested with one loaded carbine was granted bail by learned Co-ordinate Bench of this Court through Cr. Misc. No. 73323 of 2022 vide order dated 22.06.2023. While concluding the argument, it is submitted that petitioner found involved in one more case, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of the facts and circumstances as mentioned above and by taking note of the nature of allegation, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 08.06.2022, accordingly, petitioner, above named, is directed to be released on bail in connection with Ismailpur P.S. Case No.76 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.47069 of 2023(2) dt.01-08-2023 3/3 two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-2, Naugachia, Bhagalpur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Tripathi/- U T