Allowed

Lalit Kumar @ Lalit Yadav v. The State of Bihar

Patna HC8 May 2023CR. MISC./5558/2023

Case brief

AI extract

What is this about?

Petitioner sought bail for custody since July 2022 in an Arms Act case involving alleged recovery of a revolver and a .303 misfire cartridge; recovery was disputed as not complying with Section 100 CrPC. With investigation complete and period of custody considered, bail was granted with conditions.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 10,000 with two like sureties before CJM Khagaria, subject to stated conditions.

Lalit Kumar @ Lalit Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5558 of 2023

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Arising Out of PS. Case No.-257 Year-2022 Thana- MANSI District- Khagaria

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======================================================

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Lalit Kumar @ Lalit Yadav, Son Of Vijay Yadav R/O Village- Koparia, P.S.Salkhua, District- Saharsa

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Gulnar Begum, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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2 08-05-2023

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List of these matters has been notified today.

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Heard learned counsel for the petitioner and learned APP

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for the State.

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This Court would expect that the petitioner’s counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

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Petitioner seeks bail in connection with Mansi P.S. Case No. 257 of 2022, G.R. No. 1983 of 2022 registered under Sections 25(1-B)a and 26 of the Arms Act.

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Since 19.07.2022, the petitioner is in custody. The offence is alleged recovery of revolver and one .303 misfire cartridge. Two mobile phones have also been recovered.

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It is the specific averment of the petitioner that he has no

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Patna High Court CR. MISC. No.5558 of 2023(2) dt.08-05-2023 2/2

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antecedent. The recovery is denied and disputed. It is submitted that the same is not in accordance with Section 100 Cr.P.C.

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Learned APP has opposed the prayer for bail.

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Considering the rival submissions advanced by the parties, the period of custody and the fact that investigation is complete, this Court is inclined to allow the petitioner’s prayer for bail. Prayer for bail of the petitioner is allowed.

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Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in Mansi P.S. Case No. 257 of 2022, G.R. No. 1983 of 2022, subject to the following conditions:-

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(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

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(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

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(Madhuresh Prasad, J)

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SUMIT/-

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U T

Lalit Kumar @ Lalit Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalit Kumar @ Lalit Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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