Piyush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62973 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- BARIYARPUR District- Munger ====================================================== Piyush Yadav Son Of Sri Ramashish Yadav @ Chandra Kishore Yadav Village- Kajichak Ps- Bariarpur Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar Karan For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-A), 25(1-AA, 25(1-b)a, 26(i)(ii)(iii), 35 of the Arms Act. As per prosecution case, the co-accused person was apprehended on the spot and upon his confession several incriminating arms, material of semi made arms and other articles were recovered. He also confessed that the petitioner used to pay him Rs. 3000/- to produce illegal arms. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner was

Patna High Court CR. MISC. No.62973 of 2023(2) dt.22-09-2023 2/2 apprehended on the spot nor incriminating article has been recovered from his possession. It is further submitted that nothing has been recovered from his conscious possession. The apprehended accused who confessed name of the petitioner has already been granted bail by a coordinate Bench of this Court vide order dated 24.08.2023 passed in Cr. Misc. No. 32713 of 2023. Moreover, the petitioner is languishing in judicial custody since 19.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bariarpur P.S. Case No. 199 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T