Single judge allowed regular bail to the petitioner Rahul Yadav in an arms and explosives case, directing his release immediately upon completion of nine months of custody subject to trial court conditions.
Petitioner released on regular bail upon completion of nine months' custody from 17.03.2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50025 of 2017
Arising Out of PS.Case No. -83 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR
====================================================== Rahul Yadav S/o Kailash Yadav, R/o Latra, P.S.- Gopalpur, DistrictBhagalpur.
.... .... Petitioner/s
The State of Bihar
Versus .... .... Opposite Party/s
====================================================== Appearance: For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the State : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Nathnagar P.S. Case No. 83 of 2017 for the offences under Section 25-1AA, 25 (1-b)a, 26/35 of the Arms Act and Section 4/5 of Explosive Substance Act.
The case of the prosecution in brief is that while the Police was on patrolling duty for the purposes of apprehending one hardened criminal, namely Chhotu Yadav and the petitioner herein, they upon seeing the Police tried to flee away by turning their motorcycle, however, they were apprehended by the Police. Thereafter, search was made and as far as the petitioner is concerned, one pistol and 30 cartridges were recovered.
Patna High Court Cr.Misc. No.50025 of 2017 (2) dt.18-10-2017
2/2
The learned counsel for the petitioner submits that barring one case in which the petitioner has been made accused after filing of the present case, the petitioner has a fair antecedent and he is languishing in custody since 17.03.2017.
In the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner Rahul Yadav on regular bail immediately upon completion of nine months’ custody. Therefore, the petitioner be released on bail upon completion of nine months’ custody from 17.03.2017 subject to such conditions as may be imposed by the learned trial court.
The petition is disposed off.
(Mohit Kumar Shah, J)
S.Sb/-
U T
2 issues framed by the court
Whether the petitioner be granted regular bail after serving a specific term of custody.
Whether the petitioner has fair antecedents to justify bail release.
4 provisions across 2 enactments
Rahul Yadav
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
