Sabhapati Yadav @ Mangal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51325 of 2022 Arising Out of PS. Case No.-221 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== 1.

SABHAPATI YADAV @ MANGAL YADAV Son of Jagdish Yadav @ Jagadeesh Yadav Resident of village - Babhanganwa, P.S.- Barhara (Krishnagarh), District - Bhojpur.

2.

Jagdish Yadav @ Jagadeesh Yadav Son of Late Buchul Yadav Resident of village - Babhanganwa, P.S.- Barhara (Krishnagarh), District - Bhojpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. Learned counsel for the petitioners is further directed to make necessary correction in prayer portion of the main application in course of the day. The petitioners seek bail in a case instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act. Prosecution allegation, in short, is two loaded country made pistols have been recovered in this case. It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.51325 of 2022(2) dt.22-12-2022 2/2 they are in custody since 20.03.2022. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is no recovery of arms from the possession of the petitioners. The alleged arms is said to have been recovered from the possessions of co-accused Tej Pratap Yadav and Dhanji Yadav. The name of the petitioners have transpired on the basis of disclosure made by the co-accused.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Krishnagarh) P.S. Case No. 221 of 2022. (Sudhir Singh, J) Pankaj/- U T