Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47669 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- BIKRAM District- Patna ====================================================== ANIL KUMAR YADAV Son of Late Ramsewak Yadav Resident of Village - Benibigha, P.S.- Bikram, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition has been filed for grant of regular bail on behalf of the petitioner in connection with Special Case No. 4378 of 2019 arising out of Bikram P.S. Case No. 129 of 2019 registered for the offence punishable under Sections Sections 25(1-b)a and 26 of the Arms Act and Section 37(b) (c) of Bihar Excise Act.

The allegation is regarding the Police having apprehended the petitioner herein and upon search two country made pistols with 18 live cartridges were recovered and the petitioner was found in an inebriated condition inasmuch as smell of liquor was oozing out from his mouth. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47669 of 2019(5) dt.30-09-2019 2/2 petitioner is an old person of 68 years, has a clean antecedent and is languishing in custody since 05.05.2019. It is further submitted that the petitioner has been falsely implicated in the present case.

The learned A.P.P. has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the present case, I deem it fit and proper to direct for the release of the petitioner on regular bail immediately upon completion of six month's custody i.e. with effect from 05.05.2019 subject to such conditions as may be deemed fit and proper to be imposed by the learned Special Judge, Excise, Patna in connection with Special Case No. 4378 of 2019 arising out of Bikram P.S. Case No. 129 of 2019.

The present application stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T