Naresh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28286 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -ATRI District- GAYA ======================================================

1. Naresh Yadav S/o Raj Nandan Yadav @ Mohan Yadav

2. Rajnandan Yadav @ Mohan Yadav S/o Late Rampati Yadav Both are the residents of village - Dhusari, Police Station Atari, Distt. - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-09-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered under Sections-25(i-b)a/26/35 of the Arms Act.

One country-made rifle and three live cartridges are said to have been recovered from possession of petitioner No. 1 and similarly, one country-made three nut and two live cartridges are said to have been recovered from possession of petitioner No.

2. Some other accused were also caught from house of the petitioner and fire-arms were recovered from their possession but the first information report goes to show that when police party reached at the house of the petitioner no. 2 and arrested the

Patna High Court Cr.Misc. No.28286 of 2016 (3) dt.27-09-2016 2/2 petitioners and others, a mob had encircled the house of petitioners on the pretext that one murderer had taken shelter in the house of the petitioner no. 2.

Learned counsel for the petitioners submits that nothing had been recovered from conscious possession of the petitioners and as a matter of fact, police implicated the petitioners in this false case on the pressure of the mob and moreover, coaccused, Rakesh Yadav having more or less similar allegation, has already been granted privilege of bail by this court whereas; petitioners are in jail custody since 22-01-2016. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Atri P.S. Case No. 15 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya. (Hemant Kumar Srivastava, J) A.K.V./- U T