Chotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64603 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- CHEWARA District- Sheikhpura ====================================================== Chotu Yadav Son Of Rajendra Yadav R/O Vill - Kamalgarh, P.S. - Chewara, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed. Rizwanul Haque For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)A, 26(1) and 27 of the Arms Act.

3. As per allegation in the FIR, three miscreants wrapped their faces with gamcha came to Dharmkanta and out of them one was riding the motorcycle and rest to 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. He has committed no offence. Petitioner is not named in the FIR and he has no concern with the alleged occurrence. The name of the

Patna High Court CR. MISC. No.64603 of 2023(3) dt.10-11-2023 2/2 petitioner has come into light, on the basis of confessional statement of co-accused, which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. Only on the basis of suspicion and due to his criminal antecedent, petitioner has implicated in the present case. He is languishing in judicial custody since 07.08.2023.

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 as well as the period of custody, 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 S.D.J.M., Sheikhpura in connection with Chewara P.S. Case No. 04 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T