Anil Kumar Bharti @ Anil Bharti @ Driver @ Driverwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28231 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- BHADHWAR District- Gaya ====================================================== ANIL KUMAR BHARTI @ ANIL BHARTI @ DRIVER @ DRIVERWA SON OF SITARAM MANDAL R/O VILLAGE- DHEBRI BIHARGANJ, P.S.- RAUSHANGANJ, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bhadwar P.S. Case No. 24 of 2022 registered for the offence under Sections 341, 323, 307, 353, 121, 124(A), 216/34 of the Indian Penal Code and Section 27 (1-AA), 26, 35 of the Arms Act and Sections 13, 16, 17, 18, 19, 20, 38, 39 of the U.A.P. Act. The prosecution story in short is that the Central Police Forces raided a house and caught the petitioner Shravan Yadav @ Ranjeet Yadav @ Bajaria. From their possession, one AK-56 Rifle and cartridges were recovered.

It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated by the police in this case. The recovery is of cartridges of AK-56 Rifle from the petitioner and the AK-56

Patna High Court CR. MISC. No.28231 of 2023(2) dt.25-05-2023 2/3 Rifle has been recovered from the possession of the co-accused. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that the petitioner is a Naxalite and he is involved in illegal activities, and therefore, the case has been registered under the various sections of the Indian Penal Code, Arms Act and unlawful U.A.P. Act.

I have considered the submissions of the parties, the petitioner and the co-accused have been found to be involved in naxalite activities in the jurisdiction of Bhadwar Police Station, which is a hot bed of Naxalism. In view of the aforesaid fact, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

The trial Court is directed to expedite the trial as both the accused are already in custody. It is expected that trial of the petitioner is concluded by the trial Court within six months of communication of this order on day-to-day basis so that persons are deterred from moving around with AK-56 Rifle in the State.

The Senior Superintendent of Police, Gaya is also directed to cooperate in the trial and sent a report of the trial

Patna High Court CR. MISC. No.28231 of 2023(2) dt.25-05-2023 3/3 within six months as directed by this Court.

Let a copy of this order be communicated to District Judge, Gaya and Superintendent of Police, Gaya for its forthwith compliance.

(Sandeep Kumar, J) Guddu/- U T