Patna High CourtCR. MISC./24385/2024bail rejected

Vilash Yadav v. The State Of Bihar

2024-05-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24385 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- AMARPUR District- Banka ====================================================== 1.

Vilash Yadav S/o Gorelal Yadav R/o vill - Dayalpur, P.S. - Rajoun, Distt. - Banka 2.

Vibhash Yadav S/o Vateshwar Yadav R/o vill - Dayalpur, P.S. - Rajoun, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Amarpur P.S. Case No. 338/2023 registered on 14.05.2023 for the offences punishable under Sections of the Indian Penal Code.

3. As per prosecution, the FIR has been lodged against 8-10 unknown accused persons with an allegation of resorting fire upon the informant and one Kashi Tanti causing bullet injury to them.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no office. In

Patna High Court CR. MISC. No.24385 of 2024(3) dt.10-05-2024 2/2 fact, the FIR has been lodged against unknown, but subsequently, on the basis of confessional statement of coaccused, the name of the petitioners has figured in this case. There is no eye witness to the said occurrence and the petitioner no.1 is accused in three more criminal case whereas petitioner no.2 is accused in two more criminal cases.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that at time of considering the prayer for bail of the petitioners, this aspect must be taken into consideration that the antecedent of the petitioners are not clean.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Amarpur P.S. Case No. 338/2023, pending before the learned CJM, Banka is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T