Patna High CourtCR. MISC./67349/2024bail granted

Madhusudan 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.67349 of 2024 Arising Out of PS. Case No.-222 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Madhusudan Yadav S/O Late Dashrath Yadav R/O Vill- Raghunathpur, P.SSahebpur Kamal, Distt.- Begusaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajkumar Rajesh, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, 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 Chhatauni P.S. Case No. 222 of 2024 dated 19.05.2024 registered for the offences punishable u/ss 25(1-B)a, 25(1-AA), 26(2) and 35 of the Arms Act (G.R. No. 2659/2024).

3. As per the prosecution case, four country made pistol and twenty live cartridges were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this

Patna High Court CR. MISC. No.67349 of 2024(3) dt.17-12-2024 2/3 case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has three criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 20.05.2024.

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 as well as the period of custody, the petitioner above-named, 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, Motihari, East Champaran in connection with Chhatuni P.S. Case No. 222/2024 (G.R. No. 2659/2024) with the conditions :- (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

Patna High Court CR. MISC. No.67349 of 2024(3) dt.17-12-2024 3/3 of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

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