Patna High CourtCR. MISC./52659/2023bail granted

Yogendra Kumar v. The State Of Bihar

2023-08-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52659 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- GURARU District- Gaya ====================================================== YOGENDRA KUMAR SON OF RAJESH VISHWAKARMA RESIDENT OF VILLAGE- PAIBIGHA, PS- MEN DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Guraru P.S. Case No. 171 of 2022, registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution, the petitioner was caught with a co-accused. Two country made pistols has been recovered from the co-accused. The petitioner is accused in two cases registered under section 395/412 of the Indian Penal Code.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating article has been recovered from the possession of the petitioner and he is in custody since 14.11.2022.

Patna High Court CR. MISC. No.52659 of 2023(2) dt.23-08-2023 2/2

5. Learned APP has vehemently opposed the prayer for bail.

6. Considering the aforesaid fact and also period of custody, this application is allowed.

7. Let the petitioner, above named, be released on bail after completing one year in custody on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M., 1st Class, Gaya in connection with Guraru P.S. Case No. 171/2022.

8. This is also subject to the condition that the petitioner shall mark his presence in Men Police Station, District- Gaya on first Sunday of every month, failing which, his bail bonds shall be cancelled by the court below. (Sandeep Kumar, J) Ranjeet/- U T