Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77879 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Naresh Yadav Son Of Bisheshwar @ Bisheshar Yadav R/O VillageBandehara, P.S.- Pasraha, District- Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pasraha P.S. case No. 73 of 2023, G.R. No. 1024 of 2023 instituted for the offences under Sections 24(1-b)a, 26(i) of the Arms Act.

3. As per the prosecution case, police on the basis of secret information conducted raid and arrested the accused person who disclosed his name as Naresh Yadav (petitioner). On search, three live cartridges and one loaded country-made pistol were recovered from the possession of the petitioner.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.04.2023 and has one criminal antecedent but he is on bail in that case. The petitioner

Patna High Court CR. MISC. No.77879 of 2023(2) dt.05-12-2023 2/2 has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Learned counsel for the petitioner further submitted that no such type of offence shall be committed in future by the petitioner.

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 that no such type of offence shall be committed in future by the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on 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 Pasraha P.S. case No. 73 of 2023, G.R. No. 1024 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T