Ram Pravesh Yadav @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80509 of 2023 Arising Out of PS. Case No.-435 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Ram Pravesh Yadav @ Chhotu S/O Gulat Yadav Resident Of VillageDudhaila, P.S- Andhramath District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh, Advocate For the State :

Mr. Md. Anzarul Haque Sahara, 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 Phulparas P.S. Case No. 435 of 2023 instituted for the offence under Sections 399/402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

3.

The prosecution case as per F.I.R. is that on getting information that some miscreants are planning to commit some offence, raid was laid and some miscreants including the petitioner were apprehended. From the possession of the petitioner one live cartridge and one mobile phone were recovered.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.80509 of 2023(2) dt.20-12-2023 2/2 that the petitioner is in custody since 22-08-2023. Petitioner bear one 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. Petitioner has no concern with the alleged recovered articles. Other similarly situated co-accused, has been granted bail by Co-ordinate Bench of this Court vide order dated 30-112023, passed in Cr. Misc. No. 75491 of 2023. 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 claim based on parity, 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 Phulparas P.S. Case No. 435 of 2023.

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