Prabhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73884 of 2022 Arising Out of PS. Case No.-367 Year-2022 Thana- BARH District- Patna ====================================================== Prabhu Yadav S/O Sri Prakash Prasad Yadav Resident Of Village- Acchuara, P.S.- Barh, District- Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 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 399, 402, 414, 412 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

The prosecution case in nutshell is that informant, being a police official, got secret information that some miscreants were assembled and preparing for commission of offence. Informant reached there and petitioner along with other co-accused persons were

Patna High Court CR. MISC. No.73884 of 2022(2) dt.21-03-2023 2/3 apprehended and Arms & live cartridges were recovered from their possession. Allegation against the petitioner is that Mobile set was recovered from his possession. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that mobile phone was recovered from the possession of the petitioner. There is no eye witness of the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 14.06.2022. 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. The above named petitioner is directed to be enlarged on bail in connection with Barh P.S. Case No. 367 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.73884 of 2022(2) dt.21-03-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Barh, Patna.

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