Sadanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1216 of 2023 Arising Out of PS. Case No.-267 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== Sadanand Yadav, S/o Late Anuplal Yadav R/V- Jogiya, P.S.- Goradih, DistrictBhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhakar Kumar, Advocate For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-04-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Sabour (Goradih) P.S. Case No. 267 of 2022 dated 09.07.2022 registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.
3. The main submissions advanced by the learned counsel for the petitioner are that though there is one other criminal case bearing Sabour (Goradih) P.S. Case No. 266 of 2022 against the petitioner but the said case relates to the same occurrence of the present matter, hence there is no criminal antecedent against the petitioner and as per the FIR, from the room of this petitioner one country made Musket which was half made, was allegedly recovered but the seized material does
Patna High Court CR. MISC. No.1216 of 2023(2) dt.20-04-2023 2/2 not fall in the definition of firearm and in the alleged firing no one sustained injury and the petitioner has been languishing in jail since 18.07.2022.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly petitioner's custody period, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail in connection with Sabour (Goradih) P.S. Case No. 267 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Rajiv/- U T