Mithun Yadav @ Bikky Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75661 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== MITHUN YADAV @ BIKKY YADAV SON OF CHULHAI YADAV@ CHULHAY YADAV RESIDENT OF VILLAGE- KASBA KHERHI, PSSHAHKUND, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Verma For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-12-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Shahkund P.S. Case no.179 of 2023 registered for the offence under Sections 25(1-b)a and 26 of the Arms Act. 3.

As per prosecution case, there is recovery of a loaded country made pistol, a live cartridges/pellet, a knife and a Samsung mobile phone have been made from the possession of the petitioner.

4.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in the present case. He submitted that petitioner is in custody since 25.04.2023. He further submitted that nothing

Patna High Court CR. MISC. No.75661 of 2023(2) dt.01-12-2023 2/2 incriminating article has been recovered from the possession of the petitioner.

5.

Learned APP appearing for the State opposes the prayer for bail of the petitioner and submitted that firearms have been recovered from the possession of the petitioner. He has further submitted that petitioner have criminal antecedent of total three cases.

6.

In view of the submissions, as made above, and nature of serious allegation against this petitioner and petitioner have criminal antecedent of total three cases, this Court is not inclined to grant bail to the petitioner, at present. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Learned Trial Court is directed to conclude the trial within a period of 06 (six) months from the date of this order and if the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail before the court below.

(Ramesh Chand Malviya, J) S.Katyayan/- U T