Manju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53355 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- NOORSARAI District- Nalanda ====================================================== Manju Yadav, S/o Lutan Yadav, R/o Vill.- Brijpur, P.S.- Noorsarai, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Noorsarai P.S. Case No.31 of 2018 registered under Sections 25(1-B)a, 26 and 30/35 of the Arms Act. The accusation is that in course of raid of the joint house of the petitioner, one rifle and one gun with some live cartridges and two missed fired cartridges were recovered. On demand, two licenses were produced before the police , on verification, one license regarding the rifle was found genuine, whereas the number of the license regarding the gun was found different.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.53355 of 2018(2) dt.11-12-2018 2/2 submits that, in fact, the gun was in the name of one Hari Yadav, the uncle of the petitioner. Earlier, the gun, which was purchased by him, was sold by him and, later on, he purchased another gun, which is said to be recovered from the joint house of the petitioner, regarding which entry was made in the second page of the paper but that was not verified by the police, which would appear from Annexure-2 to this application. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Noorsarai P.S. Case No.31 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T