Dashrath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30733 of 2020 Arising Out of PS. Case No.-447 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== DASHRATH YADAV Son of Chandra Yadav Resident of Village - Anandpur, P.S.- Laxmipur, District - Jamui.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Amrendra Kumar, Advocate.

For the State :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No.447 of 2019 registered under Sections 25(1-b)a, 26 and 35 of the Arms Act, pending in the court of the Chief Judicial Magistrate, Jamui. The accusation is that on receiving the secret information about creating nuisance showing the pistol by Chandra Yadav and his sons, namely, Dharmendra Yadav alias Gharo Yadav, Awadhesh Yadav and Dashrath Yadav (petitioner) in village-Anandpur, the informant along with other police personnel reached near the house of Chandra Yadav. On seeing the police party, three-four persons started to flee away from

Patna High Court CR. MISC. No.30733 of 2020(3) dt.04-03-2021 2/2 backside of the house of Chandra Yadav. While they were chased but they succeeded to flee away taking the advantage of darkness. On search, from a room of the house of Chandra Yadav, one country made pistol and 5 live cartridges were recovered.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the house from where the alleged recovery is said to be made is of Chandra Yadav but the petitioner and two others, who are the sons of Chandra Yadav, have falsely been implicated in this case.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T