Bijli Yadav @ Vijli Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69903 of 2024 Arising Out of PS. Case No.-116 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== Bijli Yadav @ Vijli Singh Son of Late Jogi Singh @ Late Jogi Yadav Resident of Village - Chanda, P.S. - Athmalgola, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nivedita Nirvikar, Sr. Advocate :

Mr. Arya Achint, Advocate :

Mrs. Karishma Aware, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Athmalgola P.S. Case No. 116 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Prosecution story, in a nutshell, is that police on the basis of secret information conducted raid and recovered arms and ammunitions from co-accused persons. It is further alleged that this petitioner fled away from the spot.

Patna High Court CR. MISC. No.69903 of 2024(2) dt.27-09-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that arms and ammunitions have been recovered from co-accused Vicky Kumar who has already been granted regular bail vide order dated 24.07.2024 passed in Cr. Misc. No. 48027 of 2024. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

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

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Athmalgola P.S. Case No. 116 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.69903 of 2024(2) dt.27-09-2024 3/3 under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T