Patna High CourtCR. MISC./59163/2025bail granted

Fulchand Yadav v. The State Of Bihar

2025-08-22Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59163 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Fulchand Yadav S/O Dinesh Yadav @ Deenesh Yadav R/O Vill.- Dumariya, P.S.- Barh, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-08-2025 Heard Mr. Krishna Pd. Singh, learned Senior Counsel along with Mr. Sunil Kumar, learned counsel appearing on behalf of the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. Petitioner seeks regular bail in connection with Sri Krishnapuri P.S. Case No. 56 of 2024 registered for the offences punishable under Sections 25(1-b)a/26/35 of the Arms Act.

3. As per the allegation made in the FIR, one loaded country made carbine was recovered from the possession of the petitioner.

4. Mr. Krishna Pd. Singh, learned Senior Counsel appearing on behalf of the petitioner submitted that the bail

Patna High Court CR. MISC. No.59163 of 2025(2) dt.22-08-2025 2/3 application of the petitioner was earlier rejected vide order dated 07.02.2025 passed in Criminal Miscellaneous No. 88863 of 2024. He further submitted that petitioner is innocent and he is in custody since 24.02.2024. Petitioner has three criminal antecedents, out of which, in one case, i.e., Barh P.S. Case No.107 of 2016, he has been acquitted by the learned District Court. He further submitted that the maximum punishment is not beyond 7 years under the sections in which the petitioner is alleged to have committed crime.

5. Learned APP appearing for the State opposes the bail prayer.

6. Considering the nature of allegation made against the petitioner in the FIR and also considering the period of custody of the petitioner, the learned District Court is directed to release the petitioner, above named, on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Patna in connection with SriKrishnapuri P.S. Case No. 56 of 2024 subject to the following conditions:

(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.59163 of 2025(2) dt.22-08-2025 3/3 concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

(v) The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J) Sanjay/- U T