Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12582 of 2024 Arising Out of PS. Case No.-372 Year-2023 Thana- AMARPUR District- Banka ====================================================== Rakesh Yadav S/o- Late Umesh Yadav Resident of Village- Dighi Pokhar, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Amarpur P.S. Case No. 372 of 2023 instituted for the offence under Sections 25(1-B)a & 26 of the Arms Act. 3.

Prosecution case in a nutshell is that there is recovery of one loaded country made pistol having one live cartridge and one another cartridge from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-05-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.12582 of 2024(2) dt.01-03-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and nature of accusation, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. Case No. 372 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T