Patna High CourtCR. MISC./10848/2016disposed

Suresh Yadav v. The State Of Bihar

2016-03-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10848 of 2016 Arising Out of PS.Case No. -21 Year- 2012 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Suresh Yadav S/o Late Ramgati Yadav, resident of village- Kubba, P.s.- Nauhatta, District- Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 147,148,149 and 120B of the Indian Penal Code, sections 25(1-B) a, 26 and 35 of the Arms Act, sections 3 and 4 of Explosive Substances Act and section 17 of the C.L.A. Act.

The prosecution case is that the police during patrolling caught hold of co accused Bhanu Yadav from whose possession country made pistol and mobile set were recovered. The apprehended accused disclosed the name of the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner was not apprehended on the spot and

Patna High Court Cr.Misc. No.10848 of 2016 (2) dt.15-03-2016 2/2 maliciously the name of the petitioner has been roped in the present case. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. More over the apprehended accused has been granted regular bail vide Cr. Misc. No. 45185 of 2012.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Nauhatta P.S. Case No. 21 of 2012 pending in the court of learned SDJM, Dehri, Rohtas. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T