Pappu Yadav @ Pappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12 of 2021 Arising Out of PS. Case No.-201 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Pappu Yadav @ Pappu Kumar Yadav Son Of Budhan Yadav Resident Of Village Nandlali, P.S Bihra, District Saharsa 2.

Wakil Malakar S/O Late Rameshwar Malakar Resident Of Village Nandlali, P.S Bihra, District Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Chautham P.S. Case no. 201 of 2020 (G.R. no. 2164 of 2020) registered under sections 25(1-B)(a), 26 and 35 of the Arms Act. As per allegation in the FIR, the three accused persons including the two petitioners herein were arrested and a looted country made pistol with 10 cartridges were recovered from each of the petitioners.

It is submitted by learned counsel for the petitioners that he is filing a supplementary affidavit stating the

Patna High Court CR. MISC. No.12 of 2021(4) dt.05-04-2021 2/2 error committed in paragraph no. 3 of the petition. Let the supplementary affidavit be taken on record. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the possession of the petitioners who have been falsely implicated because of their antecedent, they are in custody since 23.7.2020 and charge sheet has been submitted in the case. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody together with charge sheet having been submitted, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Chautham P.S. Case no. 201 of 2020 (G.R. no. 2164 of 2020) on each of them furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Khagaria.

(Partha Sarthy, J) Prakash/- U