Sushil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71341 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- BARUN District- Aurangabad ====================================================== Sushil Kumar Yadav Son of Hare Krishna Yadav @ Harekrishna Singh Resident of Village - English, P.S.- Barun, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Barun P.S. Case No. 211 of 2019 for the offence punishable under Sections 25(1-B)a/26/35 of Arms Act.

The allegation is regarding one person namely, Sonu Kumar having been taken by the police to the hospital after he had met with an accident and upon search two live cartridges were recovered from his possession and upon interrogation, he is stated to have disclosed that two other persons were with him and the petitioner is stated to be one of them. The learned counsel for the petitioner submits that there is no material whatsoever to connect the petitioner with the alleged crime and, in fact, there is no recovery of any arms,

Patna High Court CR. MISC. No.71341 of 2019(2) dt.16-11-2019 2/2 hence the petitioner cannot be said to have committed any offence, as alleged. The petitioner is stated to be having clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Barun P.S. Case No. 211 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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