Bullak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55597 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Bullak Yadav S/O Late Chhatri Yadav R/O Village- Mathar, P.S- Muffasil, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khagaria P.S. Case No. 04 of 2024 (G.R. No. 28 of 2024) instituted for the offences under Sections 379, 511 of the Indian Penal Code and Section 25(1-B)(a) 26 of the Arms Act.

3. As per prosecution case, on 04.01.2024 at about 4.00 am while the Informant was sleeping, some unknown miscreants were trying to steal the buffalo and horse of the Informant. It is alleged that, on alarm, the villagers came there and apprehended the accused. On interrogation, the apprehended person disclosed his name as Bullak Yadav, the petitioner. On search, one country made pistol and five live

Patna High Court CR. MISC. No.55597 of 2024(2) dt.14-08-2024 2/3 cartridge were recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to local politics. He submits that actually the arms and cartridges were handed over to the police by the Informant himself which comes under the purview of Section 37 of the Arms Act and, as such, no offence is made out against the petitioner under Section 25(1-b)a/26 of the Arms Act. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents and in all of them, he is on bail and is languishing in judicial custody since 05.01.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.55597 of 2024(2) dt.14-08-2024 3/3 below/concerned Court in connection with Khagaria P.S. Case No. 04 of 2024 (G.R. No. 28 of 2024).

(Rudra Prakash Mishra, J) rishi/- U T