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Patna High Court - Orders

Sagar Yadav @ Ramsagar Yadav vs The State Of Bihar on 20 November, 2019

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57505 of 2019
                 Arising Out of PS. Case No.-19 Year-2019 Thana- ADHAOURA District- Kaimur (Bhabua)
                 ======================================================
                 SAGAR YADAV @ RAMSAGAR YADAV Son of Shri Bhagwan Yadav R/o
                 Village- Bahera, P.S.- Adhoura, District- Kaimur at Bhabua.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Tribhuwan Narayan
                 For the Opposite Party/s :      Mr.Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                                       ORAL ORDER

3   20-11-2019

Heard both sides.

The petitioner seeks bail in Adhoura P.S. case No. 19/ 2019 registered under Section 25(1-B)A, 26, 35 of the Arms Act.

The informant, a police officer, arrested Hari Yadav who is accused in a case of kidnapping and murder. Hari Yadav disclosed that his brother-in-law, Awadh Lal Yadav, also participated in kidnapping. Hari Yadav further disclosed that Awadh Lal Yadav had kept arms in the house of Ram Sagar Yadav, the petitioner, who is a quake. On such, a raid was conducted and Awadh Lal Yadav was arrested from the house of petitioner and one country made pistol and three cartridges were recovered from his possession. From the house of petitioner one country made rifle and other articles were recovered. Patna High Court CR. MISC. No.57505 of 2019(3) dt.20-11-2019 2/2 The learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. It has come that Awadh Lal Yadav, brother-in-law of Hari Yadav, had kept country made rifle in the house of petitioner. No cartridge was recovered from the house of the petitioner. The petitioner in jail since 15.07.2019. It is further submitted that petitioner is an old man aged about 60 years.

Taking into consideration the facts that one country made rifle was recovered from the house of the petitioner and the petitioner bears clean antecedent and he has remained in jail for more than four months, the petitioner, above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Adhoura P.S. case No. 19/2019.

(Prabhat Kumar Jha, J) BKS/-

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