Anil Yadav @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81237 of 2023 Arising Out of PS. Case No.-338 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== ANIL YADAV @ ANIL KUMAR Son of Jagu Yadav @ Jagu Chaudhary R/o vill - Siyari Mathiya, P.s. - Siwan Mufassil, Distt. - Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 414 of the IPC and sections 25(1b)a, 26 of the Arms Act. 3.

Allegedly, during patrolling duty of the police party, four suspicious persons on two motorcycles were seen coming, who tried to run away but one motorcycle with one person was caught by the police. On search, one country made pistol and 5 cartridges were recovered from the possession of the apprehended accused. He alleged that the petitioner and others are his associates and the motorcycle belongs to the petitioner. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.81237 of 2023(2) dt.20-12-2023 2/2 has been falsely implicated in this case due to grudge. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from the conscious physical possession of the petitioner. His name transpired in this case on the statement of the apprehended co-accused, with whom, petitioner has prior enmity. There is no specific overt act against the petitioner. Petitioner has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mirganj P.S. Case No.338 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T