Dular Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46838 of 2022 Arising Out of PS. Case No.-84 Year-2021 Thana- GOVINDPUR District- Nawada ====================================================== DULAR YADAV Son of Late Kamal Yadav Resident of Village - Maheshpur (Baksauti), P.S.- Govindpur, District.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Govindpur P. S. Case No. 84 of 2021 registered for the offences punishable under Sections 25(1-b)A, 26, 27 and 35 of Arms Act. As per the prosecution, the informant alleged that from the house of this petitioner two country made pistols, two

Patna High Court CR. MISC. No.46838 of 2022(6) dt.21-02-2023 2/3 country made mascots and some cartridges were recovered. The main submissions advanced by the learned counsel Mr. Birendra Kumar for the petitioner are that the petitioner was arrested on 09.04.2021 and chargesheet was submitted on 06.02.2022 and till now the petitioner's case is running for supplying of police paper and charges have not been framed upon him and the alleged offences are triable by 1st Class Magistrate and most of the family members of the petitioner have been implicated in this case and co-accused persons have been granted bail by the court below and the alleged house from where the recovery of the alleged fire arms was made is a joint family house of the petitioner and his family members. Learned APP Ms. Anita Kumari, appearing for the State has opposed the bail prayer.

In view of the facts, as stated above and mainly considering the petitioner's trial to be at initial stage and till now the charges have not been framed upon him by the trial court and the petitioner has been languishing in jail since 09. 04.2021, this court is inclined to accept his bail prayer. Accordingly, let the petitioner be released 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 concerned Court

Patna High Court CR. MISC. No.46838 of 2022(6) dt.21-02-2023 3/3 in connection with Govindpur P. S. Case No. 84 of 2021. (Shailendra Singh, J) Rajiv/- U T