Patna High CourtCR. MISC./56958/2024bail granted

Sudhir Yadav v. The State Of Bihar

2024-08-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56958 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- PANDARAK District- Patna ====================================================== Sudhir Yadav SON OF SHIV BALAK YADAV VILLAGE- NAWADA, BHIM TOLA, PS- NTPC, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Adv For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pandarak P.S. Case No. 103 of 2024 dated 02.05.2024 registered for the offences punishable u/s 307 of the Indian Penal Code and Section 25(1-b) (a), 26, 27, 35 of the Arms Act.

3. As per the prosecution case, one country made pistol, 09 live cartridge and one mobile phone were recovered from the possession of the petitioner and one country made pistol and 20 live cartridge were recovered from the possession

Patna High Court CR. MISC. No.56958 of 2024(2) dt.20-08-2024 2/3 of the co-accused Suli Yadav.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No injury has been received by the police party hence no case of Section 307 has been made out against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh at Patna in connection with Pandarak P.S. Case No. 103 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.56958 of 2024(2) dt.20-08-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T