Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80543 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Arun Yadav Son Of Kripal Yadav Resident Of Village Sonvarsha, P.S. Choutham, District Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. D. Sanjay, Sr. Advocate Mr. Lokesh Kumar, Advocate Mr. Rahul Kumar, Advocate For the State :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Choutham P.S. Case No. 286 of 2022 instituted for the offence under Sections 25(1-b)a/26 of the Arms Act.

3.

As per the FIR, one country made pistol and four live cartridges were recovered from the 'Basa' of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner has surrendered on 03-07-2023, before the learned court below. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.80543 of 2023(2) dt.20-12-2023 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. In fact, no such occurrence has taken place. There is no recovery from the conscious possession of the petitioner. It is submitted that charge-sheet has already been submitted in this case.

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 and manner of recovery, 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 Choutham P.S. Case No. 286 of 2022.

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