Rup Chandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78720 of 2023 Arising Out of PS. Case No.-658 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Rup Chandra Yadav Son Of Late Chhitan Yadav R/O Village- Gangiya Police Station- Gangour, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Advocate For the State :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khagaria Gangour P.S. Case No. 658 of 2023 instituted for the offence under Sections 307, 353/34 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

3.

On secret information, police came near Gahtara Bandh, where five culprits fled away after seeing police and resorted to open firing. One of the five culprits, namely, Rup Chandra Yadav (petitioner) was apprehended and five live cartridges were recovered.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-07-2023. Petitioner

Patna High Court CR. MISC. No.78720 of 2023(2) dt.07-12-2023 2/2 bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No arms and ammunition was recovered from his conscious possession. Charge-sheet has already been submitted in this case. From perusal of the lower court order, it appears that no one has sustained injury.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, charge sheet having been submitted and nature of implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Khagaria Gangour P.S. Case No. 658 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T