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2025 DAILYLAW 7823 (PAT)

Yaswant Kumar v. The State of Bihar

CR. MISC./399/2025 · 2025-04-09

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.399 of 2025 Arising Out of PS. Case No.-711 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Yaswant Kumar son of Prahalad Mahto @ Prahalad Prasad village- Sohe, Ps- Jehanabad (karauna), Dist- Jehanabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Birendra Kumar, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In this present case, the petitioner seeks bail in connection with Jehanabad (Karouna) P.S. Case No. 711 of 2024 registered on 07.09.2024 for the offences under Sections 25(1- b)/a and 26 of the Arms Act. 3. As per prosecution case, recovery of one country made katta and two live cartridges were made from the petitioner who was apprehended on a tip off. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner and Patna High Court CR. MISC. No.399 of 2025(3) dt.09-04-2025 2/3 the alleged recovery is planted. There is no independent witness both the witnesses are the police personnel. Petitioner is in custody since 08.09.2024 and charge-sheet has been submitted. Petitioner is having clean antecedent. 5. Learned A.P.P. opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner as well as his period of custody coupled with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad/concerned court in connection with Jehanabad (Karauna) P.S. Case No. 711 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the Patna High Court CR. MISC. No.399 of 2025(3) dt.09-04-2025 3/3 terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. balmukund/- (Arun Kumar Jha, J) U T