Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29490 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Binod Yadav S/o Munna Yadav, resident of Village- Shahpur Bhimpatti, P.S- Bihiyan, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-09-2016 Heard the counsel for the petitioner and Mr. M. Dayal, APP for the State.

The petitioner is named accused of Shahpur P.S. Case No. 105 of 2016 registered under Section 25(1-AA) (25-1-b)a, 25(1-b)c, 26(1), 26(2)/35 Arms Act. On confidential information, the police raided the premises of co-accused Rajendra Sharma @ Video Sharma and recovered several illegal weapons including sophisticated weapons like AK-47, which were seized under a seizure memo. Rajendra Sharma was taken into custody. He disclosed the name of the petitioner to whom AK-47 and some other weapons belonged. Contention of the petitioner is that it is merely a confessional statement of the accused. There is no corresponding

Patna High Court Cr.Misc. No.29490 of 2016 (2) dt.08-09-2016 2/2 recovery. The petitioner deserves the anticipatory bail. Learned APP on the other hand points out that the petitioner has criminal antecedent inasmuch as he is accused of two cases of serious nature. He also drew attention of the court to the order of the learned Sessions Judge in order to submit that witness(s) in course of investigation has supported the case. Considering the facts and circumstances of the case, I am not inclined to extend him the privilege of anticipatory bail. The prayer is rejected.

(Kishore Kumar Mandal, J) rohit/- U T