Patna High CourtCR. MISC./71795/2023allowed

Bablu Rai @Akash Yadav @ Bablu Yadav @ Bablu Kumar v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71795 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Bablu Rai @AKASH Yadav @ Bablu Yadav @ Bablu Kumar Son Of Anil Prasad Yadav @ Malik Rai Resident Of Village- Bijdhari, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26-1 and 35 of Arms Act.

3. Prosecution case relates to recovery of some country made pistols along with live cartridges and motorcycle. The apprehended persons disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot and only on the basis of disclosure made

Patna High Court CR. MISC. No.71795 of 2023(2) dt.07-11-2023 2/2 by apprehended persons, dragged in this case. Nothing has been recovered from the conscious possession of the petitioner. He has no concern with the alleged occurrence. Moreover, he is languishing in judicial custody since 23.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baikunthpur P.S. Case No. 253 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Goplanganj. (Sunil Kumar Panwar, J) Shubham/- U T