Patna High CourtCR. MISC./26461/2019rejected

Subodh Yadav @ Subodh Kumar Yadav v. The State Of Bihar

2019-04-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26461 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== Subodh Yadav @ Subodh Kumar Yadav S/o Byas Muni Yadav @ Vyasmuni Singh, R/o village- Rozapur, P.S.- Arwal, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kulanand Jha For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2019 Heard both sides.

The petitioner apprehends his arrest in Arwal P.S. Case No.302 of 2018 registered under Sections 387, 307, 34, 120(B) of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that his uncle, who was at Arwal Petrol Pump, was shot. When the informant enquired, it transpired that 5-6 criminals had come for collecting extortion and they fired saying that Subodh Kumar Yadav asked them to fire for non-payment of extortion.

Learned counsel for the petitioner submits that on the date of occurrence the petitioner was inside the jail. The petitioner was released on bail only on 02.11.2018 but he has falsely been implicated in this case.

Patna High Court CR. MISC. No.26461 of 2019(2) dt.23-04-2019 2/2 It appears that the petitioner has got criminal antecedent and he is accused in three criminal cases registered under Sections 302, 364, 387 and other sections of the IPC. Having considered the fact that the petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) Harish/- U T