Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30100 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- CHANAN District- Lakhisarai ====================================================== GOPAL YADAV S/o Sri Masudan Yadav R/o Vill.-Mhauiya, P.S.-Chanan, Distt.-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 17, 18, 20 and 23 of the Unlawful Activities (Prevention Act), Act, 1967.

The allegation against the petitioner is that he used to supply articles to Naxals and also use to give secret information to Naxals about the police.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No.30100 of 2020(3) dt.13-02-2023 2/2 nature. It is further submitted that the petitioner has been falsely implicated in the instant case on the basis of the confessional statement of co-accused, Rana Kumar Singh who is having inimical terms with the petitioner due to village politics. Petitioner has three criminal antecedents as mentioned in para-3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the allegations levelled against the petitioner and the materials available on record, petitioner does not deserve anticipatory bail.

Considering the facts and circumstances of case and particularly considering the criminal antecedents, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T