Upendra Kumar Singh @ Upendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3056 of 2024 Arising Out of PS. Case No.-1 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Upendra Kumar Singh @ Upendra Kumar Yadav Son Of Shiv Dular Yadav Village- Barka Pakrihar P.S.- Mohainia, Dist.- Kaimur At Bhabua ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Singh For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 414 of I.P.C. & Sections 25(1-b)a, 26, 35 of Arms Act.
It is a case of recovery of one country made pistol, one live cartridge and mobile from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged
Patna High Court CR. MISC. No.3056 of 2024(2) dt.06-02-2024 2/2 recovery or with other co-accused persons. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 08.01.2023. Several co-accused persons have been granted bail by different co-ordinate Bench of this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kudra P.S. Case No. 01 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. I, Mohania, kaimur at Bhabua.
(Sunil Kumar Panwar, J) Nirajkrs/- U T