Patna High CourtCR. MISC./21747/2016rejected

Bali Yadav v. The State Of Bihar

2016-07-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21747 of 2016 Arising Out of PS.Case No. -120 Year- 2009 Thana -DEO District- AURANGABAD ======================================================

1. Bali Yadav Son of Ram Khelawan Yadav Resident of village - Kewlaha Police Station - Dhibra, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-07-2016 Heard both sides.

The petitioner apprehends his arrest in Deo P.S. case No. 120 of 2009 under Section 144, 427 of the Indian Penal Code, section 3 of Explosive Substance Act, section 3 of the Damage of Public Property Act and under section 17 of C.L.A. Act. The allegation is that petitioner being an active member of Maoist gang caused damage to public properties by exploding bombs.

It is submitted that petitioner is named in the FIR at serial No. 27 but no specific allegation is made against the petitioner. Similarly situated accused Pintu Rai and Guddu Sao have already been granted anticipatory bail but it appears that Pintu Rai moved this court in the year 2011 and the petitioner

Patna High Court Cr.Misc. No.21747 of 2016 (3) dt.22-07-2016 2/2 moved this court after seven years of the occurrence. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, i.e., the learned Additional Sessions Judge-II, Aurangabad in Deo P.S. case No. 120 of 2009, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that similarly situated accused has already been granted anticipatory bail and dispose of the bail petition, preferably, on the same day.

(Prabhat Kumar Jha, J) BKS/- U T