Patna High CourtCR. MISC./62781/2023allowed

Nandan Yadav v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62781 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- CHEWARA District- Sheikhpura ====================================================== Nandan Yadav Son Of Padamdeo Yadav @ Padamdeo Prasad Resident Of Village- Indaipar, Ps- And Distt- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

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

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b)a, 26(1), 27 of the Arms Act.

3. As per allegation in the FIR, three miscreants wrapped their faces with gamchha came to Dharmkanta and out of them one was riding the motorcycle and rest two were firing. Police recovered one live cartridge and four empty cartridges from the place of occurrence.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. Name of the petitioner was transpired in the statement of apprehended accused Raushan Kumar and

Patna High Court CR. MISC. No.62781 of 2023(2) dt.22-09-2023 2/2 Rajesh Kumar. Neither the petitioner was arrested on spot nor any thing has been recovered from his possession. Petitioner is languishing in judicial custody since 26.7.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sheikhpura in connection with Chewara PS Case No. 04 of 2023.

(Sunil Kumar Panwar, J) sushma/- U