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Patna High CourtCR. MISC./2658/2020rejected

Ramdeo Yadav v. The State Of Bihar

2020-12-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2658 of 2020 Arising Out of PS. Case No.-273 Year-2019 Thana- MANSI District- Khagaria ====================================================== RAMDEO YADAV, Son of Late Garbhu Yadav, Resident of Village - Dhamhara, P.S. - Mansi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate For the Opposite Party/s :

Mr. Rajeev Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2020 The matter has been taken up through virtual Court proceeding.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 302, 120B, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, the petitioner is member of the unlawful assembly. One of the members allegedly caused firearm injury and death of one person.

Learned counsel for the petitioner submits that no overt act is alleged against the petitioner and he is aged about seventy years.

Learned counsel for the informant opposed the prayer

Patna High Court CR. MISC. No.2658 of 2020(7) dt.14-12-2020 2/2 for anticipatory bail on the ground that the petitioner is accused in more than one case which is disclosed in paragraph 3 of the anticipatory bail petition. Voter list of the petitioner would show that petitioner is aged about sixty years. Though the petitioner was made accused in other criminal cases also, however, some of the cases resulted in non-submission of charge-sheet against the petitioner.

After hearing the parties and considering the entire facts, in my view, this is not a fit case for grant of anticipatory bail. Hence, prayer of the petitioner for grant of anticipatory bail is refused in connection with Mansi P.S. Case No. 273 of 2019 pending in the Court of learned Chief Judicial Magistrate, Khagaria.

However, prayer of the petitioner for grant of regular bail shall be considered on its own merit and without being prejudiced by this order.

(Birendra Kumar, J) Kundan/- U T