Brajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24499 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- AMARPUR District- Banka ====================================================== Brajesh Yadav Son of Sachitanand Yadav @ Sachidanand Yadav Resident Of Badi Jankipur, Ps -Amarpur, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Amarpur P. S. Case No.10 of 2025 registered for the offences punishable under Sections 310(4), 310(5), 132, 109(1), 111 of the B.N.S. and Sections 25(1-B)a, 26, 27, 35 of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that he got secret information that gang members of Mithun Yadav are planning to commit an occurrence for which they are planning in the house of Jayant Yadav. Accordingly, the house of Jayant was raided and Shiv Shakti along with Pankaj were apprehended and from possession of Pankaj, a double

Patna High Court CR. MISC. No.24499 of 2025(2) dt.02-05-2025 2/3 barrel gone along with two live cartridges and misfired cartridge were recovered and from Shiv Shakti, 17 live cartridges were recovered and apprehended accused disclosed the name of other accused persons who fled including the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and his name transpired in the confessional statement of apprehended accused in police custody, which does not have any evidentiary value.

5. Learned A.P.P. Sri Chandra Bhushan Prasad vehemently opposes the anticipatory bail application and submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant, a Police Officer, received a secret information that gang member of Mithun Yadav were in the house of Jayant planning to commit an occurrence based on which, the house was raided and two accused were apprehended from whose possession, arms and ammunitions were recovered and it was their disclosure that name of the petitioner transpired. It is also submitted that the investigation of the case is in its nascent stages and if privilege of anticipatory bail is granted to the petitioner, he may abscond.

6. Considering the submissions made by the learned

Patna High Court CR. MISC. No.24499 of 2025(2) dt.02-05-2025 3/3 A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. The prayer of the petitioner for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T