Sunil Yadav @ Bawali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65514 of 2024 Arising Out of PS. Case No.-352 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== Sunil Yadav @ Bawali Yadav S/O Sri Shivji Yadav Resident of VillageKukurbhukha, P.S- Kateya, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dharmveer Jha For the Opposite Party :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Kateya P.S. Case No. 352/2023 dated 30.07.2023 registered for the offence punishable u/s 25(1B)a and 26(1) of the Arms Act.

3. As per the prosecution case, one country made pistol and gun shell were recovered from the road side and one magazine along with two bullets was recovered from a damaged car.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Rajan Yadav in other

Patna High Court CR. MISC. No.65514 of 2024(3) dt.06-12-2024 2/2 case i.e., Kateya P.S. Case No. 349/2023. The other co-accused person has already been granted bail by this court vide order dated 20.07.2024 passed in Cr. Misc. No. 44968/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Kateya P.S. Case No. 352/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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