Patna High Court - Orders
Bambam Yadav @ Sharad Chandra Rai @ Sarad ... vs The State Of Bihar on 3 October, 2023
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34710 of 2023
Arising Out of PS. Case No.-319 Year-2022 Thana- SAHEBPUR KAMAL District-
Begusarai
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Bambam Yadav @ Sharad Chandra Rai @ Sarad Rai Son Of Manu Shankar
Nawdeep Chandra Rai Resident Of Village- Raghunathpur, Ps- Sahebpur
Kamal, District- Begusarai. At Present Resident Of Gayatri Nagar, Purab
Sarai, Ps- Kotwali, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Lakshmi Kant Sharma
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3 03-10-2023Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 120B, 147, 148, 149 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 and 27 of Arms Act.
3. Allegation against the petitioner along with other co-accused persons is that they tried to capture the land of the opposite party and on denial by the opposite party, the petitioner along with other co-accused persons started firing. On the basis of information, police team reached at that place Patna High Court CR. MISC. No.34710 of 2023(3) dt.03-10-2023 2/3 and recovered one rifle and pistol from the possession of the petitioner and also from the place of occurrence, there has been recovery of some cartridges.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that no one was injured from the firing. The alleged recovery of rifle and pistol are both licensee arms of the petitioner and in support of this Annexure-2 has been annexed in this petition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.11.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebpur Kamal P.S. Case No. 319 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- Patna High Court CR. MISC. No.34710 of 2023(3) dt.03-10-2023 3/3 IV, Begusarai.
(Sunil Kumar Panwar, J) shubham/-
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