Indrajeet Yadav @ Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90119 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- NIRMALI District- Supaul ====================================================== Indrajeet Yadav @ Indrajeet Kumar Son of Kameshwar Yadav Resident of Kyotapatti, Ward No. 2, Police Station - Supaul Nadi and District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Verma, Adv.

For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nirmali P.S. Case No. 152 of 2024 instituted for the offences under Section 310(4), 310(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. On secret information regarding assembly of antisocial elements, police party raided the spot and apprehended the accused persons including the petitioner. There is recovery of one mobile phone from the possession of the petitioner. The police has also recovered country-made pistol along with other articles from the possession of the other co-accused persons.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.90119 of 2024(2) dt.16-01-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The mobile recovered from the possession of the petitioner is his own mobile. The petitioner has no concern with the alleged occurrence. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has four criminal antecedents and is on bail in all the cases. The petitioner is languishing in judicial custody since 28.08.2024 without any rhymes or reason. Charge-sheet has been submitted in this case. Learned counsel for the petitioner further submits that the co-accused Kaushlendra Kumar Yadav has already been granted bail by this Court vide order dated 07.01.2025 passed in Cr. Misc. No. 86890 of 2024.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.90119 of 2024(2) dt.16-01-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Nirmali P.S. Case No. 152 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T