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Patna High CourtCR. MISC./694/2024allowed

Jitu Kumar Yadav v. The State Of Bihar

2024-01-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.694 of 2024 Arising Out of PS. Case No.-193 Year-2023 Thana- JANKINAGAR District- Purnia ====================================================== Jitu Kumar Yadav S/O Mithilesh Yadav R/O Village-Chakmaka Bazar, Ward No. 7, P.S.-JANKINAGAR, District-Purnia ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 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 Sections 25(1-AA), 25(1-A), 26(1)(2) and 35 of Arms Act.

As per allegation in the FIR, some milling machine, leth machine, drill machine, grinding machine and other incriminating articles which may be used for the preparation of illegal weapon have been recovered from the house of petitioner.

Patna High Court CR. MISC. No.694 of 2024(2) dt.23-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner has no concern with the seized articles. Petitioner had given his rooms on rent to coaccused Laxman Yadav and at the time of raid the rooms from where recovery has been made were in his possession. Moreover, the petitioner is languishing in judicial custody since 23.09.2023.

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 after framing of charge, if not framed, in connection with Jankinagar P.S. Case No. 193 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.694 of 2024(2) dt.23-01-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnia.

(Sunil Kumar Panwar, J) Nirajkrs/- U T