Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26751 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -SABAUR District- BHAGALPUR ====================================================== Raj Kumar Yadav Son of Charitra Prasad Yadav @ Chatriya Prasad Yadav, resident of Village Kharik, P.S. Kharik, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 25(1-aa)/25(1-ba)/26 of the Arms Act. The prosecution case, in short, is that on the alleged date and time of occurrence on secret information from S.T.F., Bihar, Patna, the police took action and in course of watch at Bhagalpur more from one tempo, coming from the side of Bhagalpur towards Sabour the petitioner was apprehended and from his possession 189 cartridges of .315 bore were recovered. About which he petitioner could not give any document or satisfactory answer.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.3.2016 and charge sheet has
Patna High Court Cr.Misc. No.26751 of 2016 (3) dt.29-08-2016 2/2 been submitted in the present case. The petitioner has got no criminal antecedent. 189 live cartridges are said to have been recovered from the possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. It is further submitted that the petitioner may be released after completion of nine months in custody from 14.3.2016.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of nine months in custody from 14.3.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. X, Bhagalpur in connection with Sabour P.S. case No.51 of 2016. (Sudhir Singh, J) Narendra/- U T