Heera Yadav @ Indradeo Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28395 of 2022 Arising Out of PS. Case No.-10 Year-2013 Thana- ROSHANGANJ District- Gaya ====================================================== HEERA YADAV @ INDRADEO PRASAD YADAV SON OF MUNGESHWAR YADAV RESIDENT OF VILLAGE- MEGHNADIH, P.S.- RAUSHANGANJ, DISTRICT- GAYA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42411 of 2022 Arising Out of PS. Case No.-10 Year-2013 Thana- ROSHANGANJ District- Gaya ====================================================== RAM PRAVESH YADAV Son of Antu Yadav Resident of Village - Sondaha Lutua, Panchayat, Bankey Bazar, P.S.- Lutua Bankey Bazar, District - Gaya. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 28395 of 2022) For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Pranav Kumar (In CRIMINAL MISCELLANEOUS No. 42411 of 2022) For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-01-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners as well as Mr. Surendra Prasad Singh, the learned APP for the State.

Patna High Court CR. MISC. No.28395 of 2022(4) dt.09-01-2023 2/3 The petitioners apprehend their arrest in connection with Raushanganj P.S. Case No. 10 of 2013, registered for the offences punishable under Sections 147, 148, 149, 353, 427, 379, 302, 124(A) and 120B of the Indian Penal Code, 3, 4 and 5 of Explosive Substance Act, 27 of the Arms Act and Section 17 of the C.L.A., Act.

As per prosecution case, the informant who is ASI was in observation duty along with anti land mines squad vehicle. In the meantime, the accused persons including the petitioners who are named amongst 57 named accused persons exploded the land mines causing the death of six police personnel and one civilian.

Learned counsel for the petitioners has submitted that the petitioners are innocent. They have no criminal antecedents. They have falsely been implicated. He has submitted further that though the informant has named the accused persons including the petitioners but it is only his belief and he has not seen the occurrence.

On the other hand, learned Addl.P.P. has opposed the prayer for bail and submitted that the investigation is still pending.

The petitioners are named in the FIR and there is

Patna High Court CR. MISC. No.28395 of 2022(4) dt.09-01-2023 3/3 allegation that being the members of extremist groups they committed such barbaric act killing six police personnel and one civilian.

In my view, it is not a fit case for anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioners is rejected.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T