Murari Yadav @ Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87479 of 2024 Arising Out of PS. Case No.-375 Year-2022 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Murari Yadav @ Shivam Kumar Son of Late Jay Jay Ram Yadav Resident of Village - Chharapatti, Police Station- Udakishunganj, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate Ms. Pooja Prasad, Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-03-2025 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 307, 34, 8C, 21A of the NDPS Act & Sections 25(1-b)a, 26, 27 35 of the Arms Act.
3. The case of the prosecution is that from the possession of this petitioner one country-made pistol and live cartridge was recovered and from his trouser 1.4 mg of contraband was found in an aluminum paper.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the
Patna High Court CR. MISC. No.87479 of 2024(4) dt.21-03-2025 2/2 amount of contraband which has been recovered is of small quantity. From perusal of the seizure list, it will transpire that the witnesses are not the independent witnesses they are official witnesses. It is further submitted that the petitioner is languishing in judicial custody since 07.11.2022.
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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udakishunganj P.S. Case No. 375 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, NDPS Act, Madhepura. (Ashok Kumar Pandey, J) Sudhanshu/- U T