Patna High CourtCR. MISC./458/2023bail granted

Krishna Kumar Yadav v. The State Of Bihar

2023-04-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.458 of 2023 Arising Out of PS. Case No.-463 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Krishna Kumar Yadav, S/o Amrendra Kumar Yadav, R/o Village- Sisauni, P.S.- Phulparas, Distt- Madhubani, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivnandan Bharti, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulparas P.S. Case no. 463 of 2022 registered under sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, two accused persons on motorcycle were stopped for checking. From possession of the co-accused a country made pistol was recovered while from possession of the petitioner a mobile phone was recovered.

4. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner. The petitioner is in custody since 29.9.2022 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.458 of 2023(2) dt.29-04-2023 2/2 taking into consideration the nature of allegation in the FIR, no incriminating article having been recovered from the petitioner's possession who is in custody for about 7 months since 29.9.2022, charge-sheet having been submitted in the case and the petitioner having no criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Phulparas P.S. Case no. 463 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani.

(Partha Sarthy, J) avinash/- U T