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Patna High CourtCR. MISC./84549/2019allowed

Shashi Yadav v. The State Of Bihar

2020-03-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84549 of 2019 Arising Out of PS. Case No.-514 Year-2019 Thana- BUXAR District- Buxar ====================================================== SHASHI YADAV Son of Late Mukh Lal Yadav R/O Muhalla - Shantinagar, Ward No. 34, P.S.- Buxar (T), Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tushar Vaibhav For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-B)a, 26 and 35 of the Arms Act.

On the disclosure made by the petitioner that the pistol used in the murder was handed over to Bismila Khan and the police recovered one pistol and one live cartridge from the possession of the said Bismila Khan.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in the due to dirty village politics. No seizure has been prepared in connection with the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.84549 of 2019(3) dt.18-03-2020 2/2 physical possession of the petitioner and no legal or cogent evidence is available to connect the petitioner in the present case. He has been languishing in custody since 03.08.2019. The said Bismilla Khan has been enlarged on bail by a co-ordinate bench of this court vide order dated 04.12.2019 passed in Cr. Misc. No. 70390 of 2019.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Buxar (Town) P.S. Case No.514 of 2019.

(Anjani Kumar Sharan, J) Trivedi/- U T