Hare Ram Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25328 of 2015 Arising out of PS.Case No. -25 Year- 2015 Thana -SIKRAUL District- BUXAR ======================================================

1. Hare Ram Yadav, Son of Late Baloo Yadav.

2. Laxman Yadav, Son of Late Baloo Yadav. Both residents of Village - Reka, Police Station-Sikraul, District-Buxar. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Anil Kumar Roy, Advocate. For the Opposite Party : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 The petitioners are languishing in custody since 31.03.2015 in connection with Sikraul P.S. Case No. 25 of 2015 for the offences instituted under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that on 30.3.2015 in the night at about 11.00 P.M. after receiving information regarding having arms by some persons secretly for the purpose of committing some occurrence, the informant along with other police personnels conducted raid at Village Reka and when they reached at Khalihan of Bharat Yadav in Reka, two persons were

Patna High Court Cr.Misc. No.25328 of 2015 (2) dt.21-07-2015 2/3 sleeping there who on seeing them started fleeing away. They chased the miscreants and caught them who disclosed their names as Hare Ram Yadav and Laxman Yadav. On search being made by the raiding party, a country made S.B.B.L. Gun, one country made 'Katta' two cartridges of 3 M.M. were recovered from the Hut containing Kutti. Accordingly, arms were seized and seizure list was prepared. On being asked the miscreants disclosed that though they had been living with Bharat Yadav but they lived this place some time earlier. They failed to produce any document regarding seized arms.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 31.03.2015 and the charge sheet has been submitted in the present case. It is further submitted that nothing is alleged to have been recovered from possession of the petitioners and whatever the recovery which has been made is from possession of Bharat Yadav.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M.,

Patna High Court Cr.Misc. No.25328 of 2015 (2) dt.21-07-2015 3/3 Buxar, in connection with Sikraul P.S. Case No. 25 of 2015. U.K./- (Sudhir Singh, J) U T