IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74923 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- ISMAILPUR District- Bhagalpur ====================================================== Dilkhush Yadav @ Dilkhush Kumar @ Dilkhush Yadav Son of Jathi Yadav @ Raj Kishore Yadav R/O-Village - Laxmipur, P.S. - Ismailpur, Distt. - Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Davendra Kumar Pandey, Advocate For the Opposite Party/s : Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 22-03-2025 Heard Mr.Davendra Kumar Pandey, learned counsel for the petitioners and Mr.Bharat Bhushan, learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Ismailpur P.S.Case No.77 of 2023,FIR dated 13.06.2023 registered for the offences punishable under Sections 413,414 of IPC and Sections 25(1-A)/25(1-AA)/25 (1- b)a/26(1)(2)(3)/35 of Arms Act. 3. The prosecution case, in short, is that on 12.06.2023 S.H.O. Ismailpur received a secret information that arms are manufactured and sold at resident of Anil Yadav and he is helped by this petitioner (Dilkhush Yadav), police force reached there and found two persons fleeing away, but identified Patna High Court CR. MISC. No.74923 of 2024(3) dt.22-03-2025 2/5 as Anil Yadav and Dilkhush Yadav by Mahal Chaukidar. On search of house of Anil Yadav police team recovered following articles i.e. one, musket rifles, country made jersi (firearm), three country made pistols, one pistol, seven semi manufactured butt, ten semi manufactured iron barel used to make firearm, one while bindoliya, four bullets of 3.15 bore, two bullets of 7.76 mm, two empty cartridges of .315 bore, several instruments used in manufacture of firearm and a motorcycle bearing registration No. BR 39R-2697 recovered from the house of co- accused person. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of the disclosure made by the co-accused person, namely, Dilkhush Kumar, Son of Awadhesh Yadav. It appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the house of co-accused person, namely, Anil Yadav and it appears from the seizure list that musket rifles, country made jersi (firearm), three country made pistols, one pistol, seven semi manufactured butt, ten semi manufactured iron barel used to make firearm, one white bindoliya, four bullets of 3.15 bore, two bullets of 7.76 mm, two Patna High Court CR. MISC. No.74923 of 2024(3) dt.22-03-2025 3/5 empty cartridges of.315 bore, several instruments used in manufacture of firearm and a motorcycle bearing registration No. BR 39R-2697 recovered from the house of co-accused person. Learned counsel for the petitioner submits that except the confessional statement of co-accused person, namely, Dilkhush Kumar, Son of Awadhesh Yadav, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person and apart from that, the petitioner carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the anticipatory bail petition. 6. Considering the aforesaid facts, nothing has been recovered from conscious possession of the petitioner and name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person, namely, Dilkhush Kumar, Son of Awadhesh Yadav, let the petitioner, above named, in the event of his arrest or surrender Patna High Court CR. MISC. No.74923 of 2024(3) dt.22-03-2025 4/5 before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Naugachhia in connection with Ismailpur P.S.Case No.77 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order Patna High Court CR. MISC. No.74923 of 2024(3) dt.22-03-2025 5/5 shall not be delayed for purpose of or in the name of verification. Nitesh/- (Rajesh Kumar Verma, J) U T