Patna High CourtCR. MISC./83313/2023allowed

Deo Yadav v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83313 of 2023 Arising Out of PS. Case No.-488 Year-2022 Thana- ALOULI District- Khagaria ====================================================== DEO YADAV SON OF NANDU YADAV R/O VILLAGE- ALAULI, P.S.- ALAULI, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1b)a, 35 of the Arms Act.

3. As per FIR, upon secret information raid was conducted in the house of the petitioner during raid total ten live cartridges and mobile phone were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery and he was also not

Patna High Court CR. MISC. No.83313 of 2023(2) dt.02-01-2024 2/2 apprehended on the spot rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that Section 100 of the Cr.P.C. has not been followed while preparing the seizure list. The petitioner is languishing in judicial custody since 28.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alauli P.S. Case No. 488 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judaical Magistrate, Khagaria.

(Sunil Kumar Panwar, J) manishkumar/- U T