Jaypal Yadav @ Jaypal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28204 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- DANIYAWAN District- Patna ====================================================== JAYPAL YADAV @ JAYPAL KUMAR Son of Late Nagina Gope @ Nagina Singh, Resident of Village - Teka Bigha, P.S.- Daniyawan, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Daniyawan P.S. Case No. 19 of 2019 registered for offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.

Allegation has been made that the police party searched the house of the petitioner and from there, a countrymade pistol and two live cartridges have been recovered and the petitioner has fled away from there after seeing the police party.

The learned counsel for the petitioner submits that the name of the petitioner does not figure in the accused column, inasmuch as there is no signature of family members

Patna High Court CR. MISC. No.28204 of 2019(2) dt.30-04-2019 2/2 on the seizure list, but from reading of FIR it appears that there is specific allegation has been made that from the house of petitioner, recovery of arms has been made and the petitioner after seeing the police personnel, fled away from there. Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the court below without being prejudiced by the order of this Court, will take decision in accordance with law.

(Shivaji Pandey, J) mkchy/- U T