Baidyanath Yadav @ Baijnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44837 of 2019 Arising Out of PS. Case No.-528 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Baidyanath Yadav @ Baijnath Yadav Son of Badri Yadav Resident of Village-Bhatwaliya, P.S-Yogapatti, District-West Champaran, Bettiah. 2.

Harilal Yadav @ Hari Yadav @ Hiralal Yadav Son of Late Badri Yadav Resident of Village-Bhatwaliya, P.S-Yogapatti, District-West Champaran, Bettiah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 399, 402 of the Indian Penal Code and Sections 25(1B)A/26/35 of the Arms Act. Allegation is that one loaded country made gun and two live cartridges is recovered from the possession of petitioner No.1 and one loaded country made gun and eight live cartridges are recovered from possession of petitioner No.2. It has been submitted on behalf of the petitioners that the petitioners are in custody since 24.10.2018. Charge sheet has been submitted in the case. There is no allegation of tampering

Patna High Court CR. MISC. No.44837 of 2019(2) dt.22-07-2019 2/2 of witnesses alleged against the petitioners. One loaded single barrel country made gun and two live cartridges are recovered from the possession of petitioner No.1 and one loaded double barrel country made gun and eight live cartridges are recovered from possession of petitioner No.2. So far the antecedents of the petitioners are concerned, all the cases are more than 10 years old. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Yogapatti P.S. case No.528 of 2018.

(Sudhir Singh, J) Narendra/- U T