Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82 of 2023 Arising Out of PS. Case No.-687 Year-2022 Thana- MALSALAMI District- Patna ====================================================== RAJESH YADAV Son of Sachchidanand Prasad R/o Mohalla- Rikabganj, P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Malsalami PS case no. 687 of 2022 instituted for the offences punishable under Sections 25(1-b)a, 26, 27, 35 of Arms Act.

The allegation is regarding recovery of one pistol and 06 live cartridges from the rental house of the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 01.12.2022. The learned counsel for the petitioner has further submitted that the petitioner is accused in five other cases but he is on bail in the said cases. It is also submitted that considering the period of

Patna High Court CR. MISC. No.82 of 2023(2) dt.10-02-2023 2/2 incarceration of the petitioner, a sympathetic view may be taken. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M.-I, Patna City in connection with Malsalami PS case no. 687 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T