Patna High Court/1647/2023bail granted

Akhilesh Kumar Yadav v. The State Of Bihar

2023-04-28Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1647 of 2023 Arising Out of PS. Case No.-96 Year-2022 Thana- BIRPUR District- Supaul ====================================================== AKHILESH KUMAR YADAV Son of Parmanand Yadav, Resident of VillageSituhar, Ward No.-2, P.S.- Pratapganj, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Birpur P.S. Case No. 96 of 2022, registered for offence punishable under sections 25 (1-b)A, 26, 35 of the Arms Act. The learned counsel for the petitioner has submitted that the petitioner is under custody since 12.04.2022 for the allegation that one live cartridge of .315 bore was recovered from his possession. The learned counsel has also submitted that on similar allegation, co-accused Lokesh Kumar Yadav @ Rahul Kumar @ Rahul Yadav and Gaurav Kumar have been granted bail by the co-ordinate Benches of this Court in Cr. Misc. No. 55670 and 56372 of 2022.

Patna High Court CR. MISC. No.1647 of 2023(2) dt.28-04-2023 2/2 On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Birpur P.S. Case No. 96 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T