Sumit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65154 of 2021 Arising Out of PS. Case No.-26 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== SUMIT KUMAR YADAV S/o Surendar Yadv Resident of VillageBhawanipur, Ward No.07, Post- Sitapur, P.S.- Birpur, District- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Advocate Mrs. Manini Jaiswal, Advocate Mrs. Neha Gupta, Advocate Ms. Ankita Kumari, Advocate[ For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-04-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 25(1-b) (a) (1A) (1AA) (1B)ab, 26 (1) (2) and 35 of the Arms Act. Allegation is recovery of one pistol, magazine of 6 live cartridges and a blank magazine from the waist of petitioner.

It has been submitted on behalf of the petitioner that he in innocent and has been falsely implicated in this case on the instance of enemies. It has been further submitted that another co-accused, namely, Ritesh has already been granted

Patna High Court CR. MISC. No.65154 of 2021(2) dt.11-04-2022 2/2 bail by the court below itself. Petitioner has no criminal antecedent and is in custody since 09.01.2021. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Narpatganj (Basmatiya) P.S. Case No. 26 of 2021, subject to conditions that:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioners shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(3) Before accepting bail bond, the court below shall verify the criminal antecedent of the petitioner.

(S. Kumar, J) Rajiv/veena U