Dinesh Kumar Yadav @ Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65801 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== 1.

DINESH KUMAR YADAV @ DINESH YADAV son of Rasik Lal Yadav Village- Saini W.NO-2, Ps- Phulparas Dist- Madhubani 2.

Naveen Kumar Paswan son of Rajeshwar Paswan Village- Saini W.NO-2, Ps- Phulparas Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 25(1b)a, 26, 35 of the Arms Act.

3. As per FIR, the petitioners were apprehended on the spot along with motorcycle. On search one country made pistol and mobile phones were recovered.

4. Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this present case merely on the basis suspicion.

Patna High Court CR. MISC. No.65801 of 2023(2) dt.17-10-2023 2/2 The petitioners have no concern with the alleged recovery rather they have been made accused in this case due to high handedness of the police officials. It is further submitted that seizure list has not been prepared as per provision of law. As per Annexure-2, it appears that the seized vehicle belongs to the petitioner No-1. The petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 29.04.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Lakhnaur RSOP P.S. Case No. 82 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani (Sunil Kumar Panwar, J) Arish/- U T