Saroj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85936 of 2024 Arising Out of PS. Case No.-444 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Saroj Yadav, Male, aged about 26 years, S/o- Mahesh Singh, R/O VillageDarshan Chhapra, PS-Udwantnagar, District- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Diwakar, Advocate, Mr. Shivam Kumar, Advocate, Mr. Deepak Kumar, Advocate and Ms.

Priya Kumari, Advocate For the Opposite Party :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Udwant Nagar P.S. Case No. 444 of 2024 dated 07.10.2024 registered for the offences punishable under Sections 317(5) of the B.N.S. and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, two country made kattas, one pistol, empty magazine of one pistol, seven live cartridges, holster of pistol and one tractor are said to have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.85936 of 2024(3) dt.15-02-2025 2/3 this case. It is submitted that there is no any independent eyewitness to the alleged offence. He has falsely been implicated in the present case due to village dirty politics and for some personal grudge on the part of the informant as well as local Mahal Chowkidar 3⁄4 Sarvan Kumar Saw. He has no concern with the alleged offence. The petitioner is the sole bread earner in the family who looks after the whole family. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 07.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bhojpur at Ara/concerned court in connection with Udwant Nagar P.S. Case No. 444 of 2024 with further conditions:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.85936 of 2024(3) dt.15-02-2025 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

II. If the petitioner is found involved in similar nature of offence in future, his bail bond is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T