Rakesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66876 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- MANSI District- Khagaria ====================================================== Rakesh Yadav Son of Late Natho Yadav R/O Toffir- Karari Tola, P.S.- Muffasil, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s :
Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Mansi P.S. Case No. 159 of 2022 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act. As per the prosecution, the police personnel on secret information apprehended this petitioner and one co-accused person thereafter upon search, recovered one country-made pistol with two live cartridges and five cartridges from the possession of this petitioner.
The main submissions advanced by learned counsel for
Patna High Court CR. MISC. No.66876 of 2022(2) dt.16-03-2023 2/2 petitioner are that the petitioner has fair and clean antecedent and has been languishing in jail since 11.05.2022 and the witnesses of the search and seizure of the alleged fire-arms are official persons and the investigation has been completed against the petitioner and the alleged recovery of fire-arms was not made in the presence of any independent witness and the witnesses of the seizure shown in the seizure memo have made parrot like statements during the investigation. Learned APP for the State has opposed the bail prayer. In view of the facts, as stated above, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Mansi P.S. Case No. 159 of 2022.
(Shailendra Singh, J) Shahnawaz/- U T