Subhash Kumar @ Dhondha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72317 of 2021 Arising Out of PS. Case No.-323 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== SUBHASH KUMAR @ DHONDHA YADAV Son of Dashrath Yadav Resident of Mohalla - Rukni Pokhar (Khandpar), Sheikhpura, P.S.- Sheikhpura, District- Sheikhpura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code read with Sections 25 (1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 02.07.2021, charge-sheet has been submitted and is a person with clean antecedent. Allegation is of recovery of one loaded country made pistol along with motorcycle.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and

Patna High Court CR. MISC. No.72317 of 2021(2) dt.17-05-2022 2/2 nothing has been recovered from possession of the petitioner. Petitioner is a person with clean antecedent and even presuming what has been alleged is true without admitting the same for the purposes of bail then it is the first offence of the petitioner. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 02.07.2021, charge-sheet has been submitted, is a person with clean antecedent and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sheikhpura P.S. Case No. 323 of 2021.

(Satyavrat Verma, J) Kundan/- U T