Chandan Yadav @ Chandu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50466 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- DELHA District- Gaya ====================================================== CHANDAN YADAV @ CHANDU Son of Late Sadhusharan Yadav Resident of village - Ore Bigha, P.S. - Makhdumpur, Distt. - Jehanabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Onkar Nath For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1b),1/26 of the Arms Act and section 37(1) of the Arms Act.
3. Prosecution case relates to recovery of one country made pistols and seven live cartridge from the possession of the petitioner who was found to be in drunken position.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner has civil dispute with his neighbour, whose relatives is posted in the concerned police station and on the instigation of the neighbour, the petitioner has been dragged in this false case after showing the false recovery from his possession.
Patna High Court CR. MISC. No.50466 of 2023(2) dt.11-08-2023 2/2 Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 8.1.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Gaya in connection with Delha P.S. Case No. 13 of 2023.
(Sunil Kumar Panwar, J) sushma/- U