Achay Lal Yadav @ Akshay Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50720 of 2023 Arising Out of PS. Case No.-185 Year-2021 Thana- NAUTAN District- Siwan ====================================================== ACHAY LAL YADAV @ AKSHAY LAL YADAV S/O LATE SHAMBHU YADAV R/O VILLAGE- JAIJOR, P.S- ANDAR, DISTT.- SIWAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Nautan P.S. Case No.185 of 2021, registered for the offence punishable u/s 302, 120(B)/34 of the IPC and 27 of Arms Act. 3.

Allegedly, one Sikandar Kumar Yadav has been shot dead by some unknown miscreants in course of snatching liquor from the deceased. The deceased, the petitioner and other accused were involved in liquor business.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. It is submitted that petitioner is not named in the F.I.R. and he has been made accused in this case on the basis of

Patna High Court CR. MISC. No.50720 of 2023(4) dt.30-01-2024 2/2 confessional statement of co-accused Laloo Yadav. There is no specific overt act against the petitioner. Petitioner has one criminal antecedent, which is also mentioned at para-3 of the bail petition.

5.

Learned APP for the State opposed the prayer for bail by submitting that the petitioner has two criminal antecedents, which is clear from para-91 of the case diary and the petitioner has suppressed this fact.

6.

Considering the aforesaid facts and circumstances and the suppression of fact, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T