← Library
Patna High CourtCR. MISC./73439/2023allowed

Bikash Yadav @ Bikash Kumar v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73439 of 2023 Arising Out of PS. Case No.-281 Year-2023 Thana- RAJAON District- Banka ====================================================== Bikash Yadav @ Bikash Kumar S/O Digambar Yadav Resident Of Village - Navtolia, P.S. - Rajoun, District - Banka ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 of Arms Act. It is a case of recovery of one country made pistol and two live cartridges from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. The petitioner has no concern with the alleged recovery. There is no independent witness of the alleged seizure. It is also submitted that petitioner is languishing in

Patna High Court CR. MISC. No.73439 of 2023(2) dt.29-11-2023 2/2 judicial custody since 09.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if the charge is not framed. The above named petitioner is directed to be enlarged on bail after framing of charge, if the charge is not framed in connection with Rajoun P.S. Case No. 281 of 2023 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 C.J.M., Banka.

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