Pujo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3361 of 2019 Arising Out of PS. Case No.-219 Year-2016 Thana- GOPALPUR District- Bhagalpur ====================================================== Pujo Yadav son of Late Mouchi Yadav @ Bauchi Yadav, age about 35 years (M), resident of Village Karari, Tintanga, P.S. Gopalpur, District Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gopalpur P.S. Case No. 219 of 2016 (G.R. No. 1208/16) for the offences punishable under Sections 436/34 of the Indian Penal Code.

The case as per the informant is that while he was sleeping in his house, in the night at about 2 0' clock on 5.11.2016, he and his family members were awoken and saw that their house was burning. It is further case of the informant that the petitioner herein and two other accused persons were standing near his house and were sprinkling kerosene oil as also were putting his house on fire.

The learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.3361 of 2019(2) dt.24-01-2019 2/2 that the petitioner is innocent and has been falsely implicated in the present case and the petitioner is languishing in custody since 24.27.2018.

I have heard the learned counsel for the petitioner as also the learned APP for the State and have perused the materials on record and I find that the petitioner is engaged in a heinous crime of setting ablaze the house of the informant. Apart from the fact that the petitioner herein appears to be a veteran criminal inasmuch as 8 cases are pending against him for committing various criminal offences, which is enough to dis-entitle the petitioner to the privilege of bail. Reference in this regard be had to a judgment rendered by the Hon'ble Apex Court in (2012) 9 SCC 446 (Ash Mohammad Vs. Shiv Raj Singh @ Lalla Babu & Anr.).

Having regard to the facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner herein, hence his prayer for grant of regular bail is rejected. (Mohit Kumar Shah, J) Tiwary/- U T