Dilkhush Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83590 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- ISMAILPUR District- Bhagalpur ====================================================== Dilkhush Yadav SON OF ABDHESH YADAV RESIDENT OF VILLAGEJARAHI, P.S.- KURSELA, DISTRICT- KATIHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 sections 413, 414 of the Indian Penal Code and Sections 25(1A), 25(1AA), 25(1-b)a, 26(1)(2)(3), 35 of Arms Act.
3. Prosecution case relates to recovery of huge quantity of arms and amunitions from house of Anil Yadav and the petitioner along with co-accused is said to have been fled away from the place of occurrence after seeing the police party.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is nephew of the co-accused Anil Yadav due to which he has falsely been implicated in this case. Neither he was
Patna High Court CR. MISC. No.83590 of 2023(2) dt.04-01-2024 2/2 arrested on spot nor any incriminating article has been recovered from his conscious possession. He has also no concern with any seized arms. It is further submitted that the petitioner is languishing in judicial custody since 4.7.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Ismilepur P.S. Case No. 77 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Naugachia. (Sunil Kumar Panwar, J) Amandeep/- U T