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Patna High CourtCR. MISC./39604/2024dismissed

Bhairo Yadav @ Gehuman @ Bhauro Yadav v. The State Of Bihar

2024-07-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39604 of 2024 Arising Out of PS. Case No.-79 Year-2021 Thana- JHAJHA RAIL P.S. District- Lakhisarai ====================================================== Bhairo Yadav @ Gehuman @ Bhauro Yadav son of Jawahar Yadav VillageChheblahi Chhedlahi Ps- Gidhaur Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard the parties.

2. This is the second attempt of the petitioner for grant of regular bail. Earlier the following order was passed in Cr. Misc. No. 22713 of 2023 by which the bail application of the petitioner was rejected:- "Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail arises out of G.R.P. Jhajha P.S. Case No.79 of 2021 registered for the offence punishable under Section 385 and 353 of the Indian Penal Code and under Sections 145, 146, 147, 174 of the Railways Act.

As per the allegation, on 31.07.2021 at about 03:45 hours, the accused persons entered into a railway station and threatened the informant, who is the Station Master, that in case the train would not be stopped, they will blow up the railway station. From reading of the F.I.R., it appears that this case attracts various provisions of the

Patna High Court CR. MISC. No.39604 of 2024(2) dt.19-07-2024 2/2 Unlawful Activities (Prevention) Act. The petitioner and other accused persons have threatened to blow up the railway station. This kind of criminals should remain in jail.

In such view of the matter, this bail application is dismissed.

The Superintendent of Police, Jamui, shall examine the records of the case. If he finds that various provisions of the Unlawful Activities (Prevention) Act are made out against the petitioner then he will file an application for addition of the Unlawful Activities (Prevention) Act in the F.I.R.

The trial court is directed to expedite the trail and conclude the same as early as possible.

Let a copy of this order be communicated to the Superintendent of Police, Jamui through FAX or e-mail for its compliance."

3. Upon perusal of the earlier order and upon perusal of the materials available on record, I find no new ground to grant bail to the petitioner.

4. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U T