Patna High CourtCR. MISC./32724/2016rejected

Suday Prasad Yadav @ Suday Yadav v. The State Of Bihar

2016-09-15Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32724 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -PALI District- JEHANABAD ====================================================== Suday Prasad Yadav @ Suday Yadav S/o Doman Yadav, R/o VillageTemal Pur, P.S- Pali, Distt- Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Rashmi Kumari Mandilwar For the Opposite Party/s : Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Pali P.S. Case No. 09/2016 registered for offences under sections 399, 402, 353, 307 of the Indian Penal Code and section 27 of the Arms Act.

The petitioner has criminal history which has been mentioned in paragraph 3 of this application. As per the allegation, on information, the Police party raided the house of the petitioner and the person inmates started exchange of the fire, when the Police entered into the house, certain accused persons fled away, but two persons were arrested and the heavy quantity of arms were recovered from there.

Patna High Court Cr.Misc. No.32724 of 2016 (3) dt.15-09-2016 2/2 The counsel for the petitioner submits that the petitioner is in jail since 11.03.2016 and has placed reliance on the order passed by this Court in Cr. Misc. No. 27793 of 2015 and the Court has allowed the bail application, vide order dated 13.07.2016.

From the order sheet it does not appear that the Court had discussed any fact while granting bail, which is not a precedent is applicable to this Court.

As the petitioner having criminal history, was found along with the heavy quantity of arms, in such view of the matter, this Court is not inclined to grant bail to him. Accordingly, this petition is rejected.

(Shivaji Pandey, J) Mahesh/- U T