Krisna Yadav @ Bucher Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70628 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- BALIYA District- Begusarai ====================================================== Krisna Yadav @ Bucher Yadav S/o Khakhar Yadav @ Khakharu Yadav R/o village- Tulsi Tol, P.S.- Balia, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 414/34 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act. Prosecution story is that one Sanjay Kumar Singh, the SHO, Baliya P.S. gave his written report on 08.06.2019, alleging therein that on the date and time, he along with police party was on patrolling duty and during way from Paharpur to Tulsi Tol, he saw two persons with motorcycle, after seeing the police jeep, they tried to flee away, who were chased and apprehended with the help of police party and apprehended accused disclosed their name as Krishna Yadav & Bucher Yadav and Fantus Yadav. It is further alleged that after search one loaded country made

Patna High Court CR. MISC. No.70628 of 2019(2) dt.25-11-2019 2/2 pistol and two empty cartridges were recovered from the possession of accused Krishna Yadav @ Bucher Yadav and further the motorcycle was also found in their possession, on demand the accused persons did not produced any valid paper with regard to possession of arms and motorcycle, accordingly, seizure list was prepared and apprehended accused were arrested and prosecuted in this case.

Learned counsel for the petitioners submits that petitioner is in jail custody since 09.06.2019. He further submits that the prosecution case is false and fabricated, as when the petitioner was arrested along with the motorcycle, he denied the said motorcycle and other materials of him.

In the facts and circumstances of the case, let the petitioner above named be released on bail, after completion of six months in custody, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Baliya P.S.Case No.207 of 2019.

(Anjani Kumar Sharan, J) B.Kr./- U T