Patna High CourtCR. MISC./67047/2024bail granted

Amit Kumar @ Amit Yadav @ Nathuni Yadav v. The State Of Bihar

2024-12-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67047 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- MANIHARI District- Katihar ====================================================== AMIT KUMAR @ AMIT YADAV @ NATHUNI YADAV SON OF LATE JHALLA YADAV RESIDENT OF MIRZAPUR, P.S. - MANIHARI, DISTRICT - KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Manihari P.S. Case No. 102 of 2024 dated 11.05.2024 registered for the offences punishable u/s 25(1-B)(a)/26 of the Arms Act.

3. As per the prosecution case, one loaded country made pistol and three live cartridges were recovered from the possession of the petitioner. Further, one country made pistol and eight cartridges were recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.67047 of 2024(3) dt.17-12-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 12.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Manihari P.S. Case No. 102 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

Patna High Court CR. MISC. No.67047 of 2024(3) dt.17-12-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T