Patna High CourtCR. MISC./26318/2019dismissed

Aslok Yadav v. The State Of Bihar

2019-04-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26318 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- ATRI District- Gaya ====================================================== ASLOK YADAV, aged about 38 years, male, Son of Late Deonandan Yadav Resident of Village-Maulanagar, P.S-Atri, District-Gaya. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Upendra Kumar, Advocate.

For the Informant :

Mr. Rabindra Kumar Priyadarshi, Adv.

For the State : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 354, 341, 323, 504, 506 of the Indian Penal Code and 25(1-b)a/26,27 of the Arms Act registered in connection with Atri P.S. Case No. 20 of 2019.

3. It is submitted that the petitioner has been falsely implicated and no incriminating article has been recovered from the possession or house of the petitioner. The petitioner and the informant are co-villagers having past dispute with each other.

4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition, submitting, inter alia, that there is direct accusation against the petitioner.

Patna High Court CR. MISC. No.26318 of 2019(2) dt.23-04-2019 2/2 There is also recovery of a live cartridge from the terrace of the informant which supports the prosecution story. The petitioner has antecedents as he is accused in Atri P.S. Case No. 158 of 2012 of serious nature involving Section 302 of the Indian Penal Code.

5. Having regard to the nature of accusations and gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T