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Patna High CourtCR. MISC./6811/2020bail rejected

Pankaj Yadav v. The State Of Bihar

2020-11-11Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6811 of 2020 Arising Out of PS. Case No.-109 Year-2019 Thana- GOPALPUR District- Bhagalpur ====================================================== PANKAJ YADAV Son of Bhola Yadav Resident of Village - Bhawanipur, P.S.- Gopalpur (Rangra), Distt - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-11-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 427, 436, 504, 506/34 of the Indian Penal Code. Informant has alleged in his written complaint that on 20.04.2019 at about 3:20 AM on seeing shops on fire, he came out from his house and saw that three persons were setting the Betel shop on fire and on seeing him, miscreants started fleeing away, but one of them was caught, who disclosed his name as Rahul Yadav. Pankaj Yadav (petitioner) and Badal Paswan fled away abusing and threatening.

Patna High Court CR. MISC. No.6811 of 2020(3) dt.11-11-2020 2/2 It is further alleged that the Pankaj Yadav (petitioner) was apprehended on the allegation of theft of motorcycle and was sent to jail. After coming out of the jail to take revenge he alongwith other miscreants set the Betel shop on fire. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to previous enmity.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly this application is dismissed.

However, if petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by this order. (S. Kumar, J) veena/rajivU T