Satyendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44042 of 2015 Arising Out of PS.Case No. -117 Year- 2015 Thana -NIMCHAKBATHANI District- GAYA ======================================================
1. Satyendra Yadav S/o Late Mahavir Yadav Resident of Village- Katari, Tola- Jharha Police Station- Neemchak Bathani, District- Gaya. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shailesh Kumar For the Opposite Party : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14-10-2015 Heard the counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Neemchak Bathani P.S. case no. 117 of 2015 registered for the offences punishable under Sections 25(1-b)A and 26 of the Arms Act.
A search was conducted for arrest of Sudhir Kumar Yadav in connection with a case. Upon his arrest he made disclosure whereafter the informant is said to have searched the house in possession of the petitioner wherefrom a country made rifle with few live and empty cartridges was/were recovered. Contention of the petitioner is that the petitioner was not present in the house and the copy of the seizure memo was not given to him. It is also submitted that petitioner has fair
Patna High Court Cr.Misc. No.44042 of 2015 (2) dt.14-10-2015 2/2 antecedent and the house was jointly owned and possessed by co accused Sudhir Kumar Yadav.
Learned APP opposed the prayer and submitted that it was the house/room in possession of the petitioner which was searched and recovery was made. In my view, it is not a fit case where the petitioner be privileged with anticipatory bail. Prayer is rejected.
Let petitioner surrender and seek for regular bail before the learned Court below. In that event the Court below shall consider and dispose of the same on its own merit and pass appropriate order uninfluenced by the present order (Kishore Kumar Mandal, J) Shyam/- U T