Sadhu Yadav @ Sadhu Saran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50066 of 2018 Arising Out of PS. Case No.-305 Year-2017 Thana- ATRI District- Gaya ====================================================== Sadhu Yadav @ Sadhu Saran Yadav, Son of Kishun Yadav, Resident of Village - Chakra, Police Station - Atri and District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.

According to FIR, the police apprehended two persons and others fled away. The police suspected that they were planning to commit dacoity. From their possession, firearm was recovered. They disclosed name of the co-culprit including the petitioner. Thereafter, the police raided the house of petitioner and others. From the house of petitioner, a country made pistol in loaded condition was recovered. Submission of the learned counsel for the petitioner is that petitioner has got no criminal antecedent. The same set of

Patna High Court Cr.Misc. No.50066 of 2018(4) dt.06-12-2018 2/2 witnesses of seizure are there all along during raid which continued for twelve hours at different places. The same creates doubt on the veracity of the police. In fact, everything was recovered on one place and just to falsely implicate, the recovery has been shown from different places including the house of the petitioner.

Considering the available material, this is not a fit case for grant of anticipatory bail in connection with Atri Police Station Case No. 305 of 2017 pending in the court of learned 1st Additional Chief Judicial Magistrate, Gaya.

Hence, prayer for anticipatory bail is refused. (Birendra Kumar, J) Kundan/- U T