Niranjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33917 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Niranjan Yadav, S/o Sri Mani Prasad Yadav @ Nunumani Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section-414 of the Indian Penal Code and 25 (1-b)a, 26,35 of the Arms Act.
One loaded country-made pistol and one mobile are said to have been recovered from conscious possession of the petitioner, when the petitioner and three others were caught by the police and, two motorcycles were seized.
Submission on behalf of petitioner is that having similar allegation, co-accused Pankaj Yadav and Dinesh Tanti have already been granted privilege of bail by this court whereas; petitioner is in jail custody since 11-01-2016. No doubt, petitioner does have some criminal
Patna High Court Cr.Misc. No.33917 of 2016 (3) dt.19-08-2016 2/2 antecedent but for recovery of the aforesaid fire-arm, he has sufficiently, been punished by remaining in custody for more than 6 months and so far as seized motorcycles are concerned; there is nothing in the impugned order to show that seized motorcycles were stolen property.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nathnagar P.S. Case No. 15 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Bhagalpur.
(Hemant Kumar Srivastava, J) A.K.V./- U T