Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1987 of 2018 Arising Out of PS. Case No.-440 Year-2017 Thana- HILSA District- Nalanda ====================================================== Umesh Yadav, S/o- Pratap Yadav, Resident of Village- Bhawni Bigha, P.S.- Chiksaura, District- Nalanda.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay KUmar @ Manu For the Opposite Party/s :

Mr. SRI JAI NARAIN THAKUR ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 395and 412 of the IPC.

The prosecution case got initiated on the fardbeyan of Shakuntala Devi, recorded on 03.07.2017 by the S.H.O., Hilsa Police Station is to the effect that on 02.07.2017, the informant was sleeping in her house when at 1 AM in the night, two persons entered into her house armed with pistol and on the point of pistol, they robbed the articles after breaking the lock of the box. The name of the petitioner sprang up on the confession of co-accused Feku Yadav, consequently, leading to recovery of certain articles from the house of the petitioner. It is submitted by learned counsel for the petitioner that the

Patna High Court Cr.Misc. No.1987 of 2018(2) dt.18-01-2018 2/2 articles of day-to-day use belonging to the petitioner had been recovered. The specific case of the informant is that accusation is of taking away ornaments also, but no ornament has been recovered from the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is involved in one other case also of similar nature.

Considering the nature of accusation, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner has been rejected.

Let the learned court below consider the prayer of regular bail of the petitioner if he surrenders within a period of six weeks, without being prejudiced by the order of this Court, in connection with Hilsa P.S. Case No. 440 of 2017, pending in the court of learned CJM, Nalanda.

(Dinesh Kumar Singh, J) Amrendra/- U T