Brind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70491 of 2022 Arising Out of PS. Case No.-326 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Brind Yadav Son of Ram Prit Yadav, R/V- Chakrahima, P.S- Gaurichak, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Gaurichak P.S. Case No. 326 of 2022 registered for the alleged offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution case, the police received information about the petitioner and co-accused Akash Kumar keeping a rifle at the roof of their house and threatening his covillagers with it. It is further alleged in the FIR that the petitioner and co-accused Akash Kumar were also involved in manufacturing the illicit liquor. A raid was conducted on the

Patna High Court CR. MISC. No.70491 of 2022(2) dt.29-03-2023 2/3 house of the petitioner and co-accused Akash Kumar, they were apprehended and from their possession one country made rifle was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and he has nothing to do with the persons as alleged. No recovery of any firearm and ammunition has been made from the possession of this petitioner. From the seizure list, it is also apparent that the rifle was without any cartridge and it was an empty rifle. Further, as per FIR, there ought to be some illicit liquor, but no recovery of such liquor has been made. Coaccused Akash Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 25.02.2023 passed in Criminal Misc. No. 66692 of 2022. The petitioner is in custody since 26.05.2022 and the charge-sheet has been submitted in this case. The petitioner has got no criminal history. Learned APP for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.70491 of 2022(2) dt.29-03-2023 3/3 along with the fact that co-accused Akash Kumar has been granted bail by a Co-ordinate Bench, the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City in connection with Gaurichak P.S. Case No. 326 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T