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Patna High CourtCR. MISC./1800/2021dismissed

Gopal Yadav v. The State Of Bihar

2021-07-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1800 of 2021 Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Gopal Yadav, aged about 35 years, male, Son of Sri Masudan Yadav, Resident of Village - Mhauiya, P.S. - Chanan, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar, Adv.

For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-07-2021 Heard Mr. Bhola Kumar, the learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Kajara P.S. Case No. 61 of 2018, dated 16.11.2018, instituted for the offences under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 16, 17, 18, 20 and 23 of the Unlawful Activities (Prevention) Act, 1967.

Patna High Court CR. MISC. No.1800 of 2021(2) dt.14-07-2021 2/2 It has been submitted on behalf of the petitioner that he has been made accused in this case only on the basis of confession of an arrested accused person and because of his past antecedents.

However, regard being had to the fact that the petitioner earlier was made accused in similar kind of cases, I am not inclined to grant him anticipatory bail. The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T