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Patna High CourtCR. MISC./86584/2025allowed

Pashupati Yadav v. The State Of Bihar

2025-12-18Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86584 of 2025 Arising Out of PS. Case No.-382 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Pashupati Yadav, S/o Late Shivnandan Yadav, R/o Village - Salarpur, Ward No. 09, P.S - Parbatta, District - Khagariya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanju Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Parbatta P.S. Case No. 382 of 2024 registered for the offence punishable under Sections 317(2), 317(4) of B.N.S. and Sections 25(1-B)a and 26 of the Arms Act.

3. The case of the prosecution, in short, is that from the Basa of this petitioner, one bike was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from the physical possession of this petitioner. It has further been submitted that at the time of recovery, petitioner was in custody. It has also been submitted

Patna High Court CR. MISC. No.86584 of 2025(2) dt.18-12-2025 2/2 that the police has not complied Section 105 of the B.N.S.S. while making seizure. He is languishing in judicial custody since 04.12.2024.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of nine cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Khagaria in connection with Parbatta P.S. Case No. 382 of 2024 with the following conditions:- (i) One of the bailors shall be close relative of the petitioner.

(ii) The petitioner shall cooperate in the trial and remain present in the trial Court whenever required. (Ashok Kumar Pandey, J) lata/- U T