Sharwan Yadav @ Ranjit Yadav @ Bajaria v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48411 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- BHADHWAR District- Gaya ====================================================== Sharwan Yadav @ Ranjit Yadav @ Bajaria Son Of Jhari Yadav Village Orbatar P S Maingera District Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 307, 353, 341, 323, 121, 124(A), 216,34 of the Indian Penal Code, Section 25(1AA), 26, 35 of the Arms Act and Sections 13, 16, 17, 18, 19, 20, 38 and 39 of Unlawful Assembly Act.

3. As per allegation in the FIR, from the house of coaccused Jethu Singh Bhokta, huge quantity of arms were recovered and three persons including the petitioner were arrested, who were assembled there for hatching a conspiracy.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to his criminal antecedent of like nature. Recoveries of firearms and

Patna High Court CR. MISC. No.48411 of 2023(3) dt.20-09-2023 2/2 ammunition were made from other place and the same has been deliberately tagged in this case only with a view to implicate the accused persons in this case. Petitioner was arrested from his house two days prior to lodging this case and thereafter, he was remanded in this case after showing the false recovery. Petitioner is in custody since 23.7.2022.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner is named accused and he was arrested with one AK56 loaded with 49 live cartridges, 50 more cartridges in two magazine and Rs. 40,000/-. During investigation, several witnesses have supported the prosecution story. He is having three criminal antecedents of like nature which shows that he is a habitual offender.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U