Ganesh Prasad @ Ganesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38016 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -JAKKANPUR District- PATNA ====================================================== Ganesh Prasad @ Ganesh Prasad Yadav, S/o Late Shiv Prasad Yadav, R/o Prithvipur, Gali No. 1, P.S.- Kankarbagh, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Bharat Lal CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Jakkanpur P.S. Case No. 99 of 2018 for offences punishable under Sections 25 (1-b) (a)/26/35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that on secret information that some criminals have assembled in the Khatal of one Ravindra Yadav @ Painter, the police conducted a raid and found four persons sitting in a suspicious condition. Those four persons were

Patna High Court Cr.Misc. No.38016 of 2018 (2) dt.05-07-2018 2/3 apprehended including the petitioner. On search from the body of the petitioner one country made pistol without any cartridge was recovered. It is alleged that on seeing the police the petitioner and other co-accused must have thrown it away.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that he is in custody since 28.02.2018, charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses. It is further submitted that two of the coaccused apprehended along with the petitioner in which one of the owner of the Khatal have been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 35152 of 2018 vide order dated 19.06.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.38016 of 2018 (2) dt.05-07-2018 3/3 learned Sub Judge 1, Patna in connection with Jakkanpur P.S. Case No. 99 of 2018.

(Nilu Agrawal, J) Devendra/- U T