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Patna High CourtCR. MISC./39837/2015dismissed

Mantu Yadav v. The State Of Bihar

2015-10-01Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39837 of 2015 Arising Out of PS.Case No. -113 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Mantu Yadav. S/O Mahabir Yadav, Resident of village- Jheetti, Police Station- Khaira, Distt. Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 25(1-b) A, 26 and 35 of the Arms Act and 16, 17, 18, 19, 20, 21 and 22 of U.A.P. Act. Allegation is that co-accused Guddu Yadav was arrested for keeping illegal arms in his house and on his confession petitioner was also arrested.

It has been submitted on behalf of the petitioner that he has no criminal antecedent. He has been made accused due to mistake of fact. Except confessional statement of the co-accused, there is no other material against him.

On behalf of the State, it is submitted that the case has been instituted for offence under the U.A.P. Act. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner, same is rejected.

Any how if petitioner surrenders in the court below

Patna High Court Cr.Misc. No.39837 of 2015 (2) dt.01-10-2015 2 / 2 (learned C.J.M., Jamui, in Khaira P.S. Case no. 113 of 2015) and prays for regular bail, same shall be considered and disposed of preferably on the same day on its own merit without being prejudiced by this order.

(Sudhir Singh, J) sudip/- U T