Patna High CourtCR. MISC./75827/2024bail granted

Bhatar Yadav @ Moter Yadav @ Bhotar Yadav v. The State Of Bihar

2024-10-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75827 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== Bhatar Yadav @ Moter Yadav @ Bhotar Yadav Son of Late Sahdeo Yadav Resident of Village- Tengaraha, Ward No. 12, P.S.- Salkhua, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rashmi Jha, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Salkhua P.S. Case No. 43 of 2024 instituted for the offences under Sections 25(1-B)a, 26 of the Arms Act.

3. As per prosecution case, the police has recovered one loaded country-made pistol along with two live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of secret information and suspicion. The petitioner was arrested on the spot. He further submits that

Patna High Court CR. MISC. No.75827 of 2024(2) dt.23-10-2024 2/3 nothing incriminating has been recovered from the conscious possession of the petitioner and has also no concern with the seized fire-arms. The petitioner has altogether 7 criminal antecedents and, in all of them, he is on bail and is languishing in judicial custody since 11.02.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner under Sections 25(1-B)a, 26 of the Arms Act.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Salkhua P.S. Case No. 43 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall

Patna High Court CR. MISC. No.75827 of 2024(2) dt.23-10-2024 3/3 be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T