Maharaja Yadav @ Maharaja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18682 of 2019 Arising Out of PS. Case No.-434 Year-2018 Thana- KAHALGAON District- Bhagalpur ====================================================== MAHARAJA YADAV @ MAHARAJA KUMAR, Son of Manager Yadav, Resident of Village - Ramjanipur, P.S.- Shivnarayanpur, District- Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Indeshwari Prasad Mandal For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Kahalgaon Shivnarayanpur P.S. Case No. 434 of 2018 registered for the offences punishable under Sections 216A, 399, 402, 411 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
Allegation as per FIR is that police on information that some criminals were planing to commit highway road robbery raided the orchard near a hotel and caught hold two persons, who disclosed the name of the petitioner and others succeeded in fleeing away and it appears that petitioner is accused in one more case.
Submission of learned counsel for the petitioner is that though some articles were recovered from other accused persons but nothing has been recovered from the possession of
Patna High Court CR. MISC. No.18682 of 2019(4) dt.18-06-2019 2/2 the petitioner and he has been made accused in other case only on the basis of disclosure made by other co-accused and except that he has no criminal antecedent and other co-accused persons have been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 14.12.2018 passed in Cr.Misc.No. 67930 of 2018.
Heard learned APP also, who has opposed the prayer for anticipatory bail stating that petitioner has criminal antecedent.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and makes prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by this order.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T