Hiraman Yadav @ Hira Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 48568 of 2018 Arising Out of PS. Case No.-88 Year-2015 Thana- Amas District- Gaya ====================================================== Hiraman Yadav @ Hira Yadav S/o Baleshwar Yadav, R/o Vill.- Barha, P.S.- Chhakerbandha (Dumaria), District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

18-08-2018 Heard Sri Arvind Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 28-12-2017, has prayed for grant of bail in Amas P.S. Case No. 88 of 2015 registered for offence under Sections 147, 148, 149, 307, 427, 453, 353, 435, 283, 120(B), 121(A) and 129(A) of the Indian Penal Code, Section 27 of the Arms Act, 1959, Section 3 of Damage Public Property Act (i.e. The Prevention of Damage to Public Property Act, 1984), Section 17 of C.L.A. Act {i.e. Criminal Law (Amendment) Act}and Sections 10 & 13 of U.A.P. Act {i.e. The Unlawful Activities (Prevention) Act, 1967}.

Learned counsel for the petitioner, by way of referring

Patna High Court Cr.Misc. No.48568 of 2018(2) dt.18-08-2018 2/2 to F.I.R., submits that without any specific accusation, petitioner was arrayed as accused in the F.I.R. alongwith 25 others named accused persons and 250-300 unknown accused persons. He submits that it is true that on the date of occurrence, there was "Bandh" call given by Maowadi Party, in which, several vehicles were set on fire, but petitioner has no concern with the said organisation/party and he has been made accused and languishing in jail. Learned counsel for the petitioner has also drawn my attention to Annexure - 2 i.e. order passed by this Court, by which, co-accused has been granted bail. On perusal of paragraph - 3 of the petition, it is evident that petitioner is accused in almost ten cases relating to serious offences, besides the present case.

Considering the nature of accusation in the F.I.R. as well as antecedent of the petitioner, there is no reason to pass favourable order.

The prayer for bail stands dismissed.

(Rakesh Kumar, J.) anay U T