Patna High CourtCR. MISC./42716/2018dismissed

Bhim Yadav v. The State Of Bihar

2018-08-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42716 of 2018 ======================================================

1. Bhim Yadav, Son of Haricharan Yadav, Resident of Village- Kathor, P.S.- Dharhara, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 The petitioner is apprehending his arrest in connection with Kharagpur P.S. Case No. 33 of 2010, registered for offences punishable under 121(A)/122 of the Indian Penal Code and Section 25(1-A), 26(I)(II)/35 of the Arms Act. And Section 17 of C.L.A. Act.

Petitioner is named in the F.I.R. and the allegation is that police on information that some Maoists have assembled to blast the Laxmipur Police Station, started search operation and in course of search operation huge quantity of explosives were seized along with many devices and the name of the petitioner along with others were disclosed by the villager.

Submission of learned counsel for the petitioner that he has falsely been made accused in this case and nothing has been recovered from the possession of the petitioner and he has falsely

Patna High Court Cr.Misc. No.42716 of 2018 (4) dt.21-08-2018 2/2 been implicated in this case as he has criminal antecedents of similar cases.

Learned counsel for the State opposed the prayer for bail.

Having heard both sides, in view of the facts and circumstances of the case as well as in view of the fact that the case is of the year 2010 and also the petitioner has criminal antecedent, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and pray for regular bail, which would be considered on its own merit.

(Vinod Kumar Sinha, J) sunil/- U T