Nitish Kumar Yadav@ Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85507 of 2023 Arising Out of PS. Case No.-418 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Nitish Kumar Yadav@ Nitish Kumar SON OF SHYAMSUNDAR YADAV RESIDENT OF VILLAGE- GANGAPUR, WARD NO. 06, PS- MURLIGANJ, DISTT- MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Verma For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable u/s 393 of the IPC and Sections 25(1-B) a, 26, 35 of the Arms Act. There is recovery of one country made pistol from the possession of co-accused, namely, Kundan Kumar and the petitioner was also apprehended on the spot along with co-accused.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from
Patna High Court CR. MISC. No.85507 of 2023(2) dt.24-01-2024 2/2 the conscious possession of the petitioner. The petitioner has no concern with the seized arms or the co-accused person. The petitioner is languishing in custody since 29.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail, on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection with Murliganj P.S. Case No. 418 of 2023.
(Sunil Kumar Panwar, J) Manishkr/- U T