Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70440 of 2022 Arising Out of PS. Case No.-291 Year-2022 Thana- BANMANKHI District- Purnia ====================================================== PANKAJ KUMAR YADAV S/o Jagdeo Yadav R/o Village- Murliganj, Rahika Tola, P.S.- Murliganj, Distt- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested four of them. On search, one country made pistol along with two live cartridges, mobile phones and vehicles were recovered from possession of arrested persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.70440 of 2022(2) dt.28-02-2023 2/2 falsely been implicated in the preset case due to his criminal antecedents. As per seizure list, only one mobile phone was recovered from the possession of this petitioner and he has no concern with the alleged arms which was seized by the police or with the co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 26.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Banmankhi P.S. Case No. 291 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, Purnea.

(Sunil Kumar Panwar, J) Amandeep/- U T