Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6286 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== NARESH YADAV SON OF BINDESHWAR YADAV RESIDENT OF VILLAGE-BARWA BIGHA, POLICE STATION-ISLAMPUR, DISTRICTNALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2021 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner and Mr. Bharat Lal, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Islampur P.S. Case No. 359 of 2020 registered for the offence under Section 25 (1-b)a / 26 / 35 of the Arms Act. The allegation as per the First Information Report is that in Islampur P.S. Case No. 254 of 2020 confessional statement of the petitioner was recorded by the Police Officer (informant) in which the petitioner has disclosed that he has kept one pistol and cartridges in the house of Sudhir Kumar and on the basis of his confessional statement Police raided the house of Sudhir Kumar and recovered one country made pistol

Patna High Court CR. MISC. No.6286 of 2021(2) dt.15-04-2021 2/3 and two cartridges from his house.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of his alleged confessional statement recorded by the Police in another case. Learned counsel next submits that from perusal of the First Information Report and the seizure list it is evident that illegal arms and ammunitions have been recovered from the house of one Sudhir Kumar and not from the conscious possession of the petitioner. Learned counsel next submits that petitioner is in custody since 25.06.2020.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 25.06.2020 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 359 of 2020.

It is made clear that at the time of furnishing bail bond

Patna High Court CR. MISC. No.6286 of 2021(2) dt.15-04-2021 3/3 all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T