Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14706 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- GURUA District- Gaya ====================================================== Harendra Yadav Son Of Rajesh Yadav, R/O Village- Kathawara Bhuraha Gali, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Gurua P.S. Case No. 34 of 2021 lodged under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R.. There is nothing specific given in the F.I.R. and also there is no recovery of arms from the possession of the petitioner. He further submits that the entire content of F.I.R. has been filed only on the basis of suspicion. Learned counsel for the petitioner further submits that name of

Patna High Court CR. MISC. No.14706 of 2022(3) dt.12-08-2022 2/2 the petitioner has figured in this case only by the confessional statement of the co-accused. He further submits that petitioner is in custody by way of remand in this case since 10.08.2021. He further submits that there are 7 criminal cases pending against the petitioner, out of which he is already on bail in 4 cases. He is ready to fulfill all conditions, whatsoever shall be imposed upon him.

Learned counsel for the State opposes the prayer for bail and submits that from the case diary, it transpires that petitioner is the active member of Naxal organization and there are 7 criminal cases pending against him. If bail shall be granted, he shall evade from the trial.

In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner at present. Accordingly, the bail petition of the petitioner is hereby rejected.

Petitioner may renew his prayer for bail after framing of charge in this case.

With this observation, the bail application is rejected. (Dr. Anshuman, J.) ravishankar/- U T