Mintu Yadav @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87517 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Mintu Yadav @ Abhishek kumar S/O Ram Prakash Yadav @ Ram Prakash Roy Resident of Village- kumbhi, P.S- Cheria Bariyarpur, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarbottam Kumar Sarkar, Adv.
For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 61, 309
(2) of the Bharatiya Nyaya Sanhita (B.N.S.) Act, 2023 and Sections 25 (1-B) (a), 26, 35 of the Arms Act.
3. The prosecution case, in brief, is that on 10.08.2024 at about 01.30 a.m. when the informant along with other police personnel were on patrolling duty, they saw six accused persons including the petitioner were coming riding on four motorcycles. When the police personnel tried to stop them, they started fleeing away and got succeeded in the same, but one coaccused was apprehended on the spot. From the possession of
Patna High Court CR. MISC. No.87517 of 2024(2) dt.08-01-2025 2/3 the apprehended co-accused, two country made pistols and two live cartridges have been recovered. On the basis of the confessional statement of the apprehended co-accused, the police went to the clinic of co-accused Mukesh Sahni and apprehended him from there.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Nothing has been recovered from the conscious physical possession of the petitioner and from his house. He has no concern either with the seized arms or the apprehended co-accused or any illegal trade. None of the seized vehicles belong to the petitioner. He was not apprehended on the spot. There is nothing on record to indicate the complicity of the petitioner barring the confessional statement of the apprehended person which has no evidentiary value in the eye of law. Learned counsel further submits that petitioner has six criminal antecedents, not of similar nature of offence that of the present case.
5. Learned APP for the State opposes the prayer for bail.
Patna High Court CR. MISC. No.87517 of 2024(2) dt.08-01-2025 3/3
6. Having regard to the facts and circumstances of the case, since petitioner has no criminal antecedent of similar nature of offence that of the present case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Cheriya Beriyarpur P.S. Case No. 146 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.
(Anjani Kumar Sharan, J) divyanshi/- U T