Patna High CourtCR. MISC./7622/2015dismissed

Rajesh Yadav And ANR v. The State Of Bihar

2015-02-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7622 of 2015 Arising Out of PS.Case No. -299 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Rajesh Yadav Son of Suresh Yadav

2. Neeraj Yadav Son of Rajendra Prasad Yadav Resident of VillageGovindpur Naw Tolia, P.S. Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Dr.Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2015 Heard both sides.

The petitioners apprehend their arrest in a case under section 307 and other sections of the I.P.C. and 25(1-A), 26 and other sections of the Arms Act.

The informant, a police officer, made allegation that he got information that some arms smugglers had come for handing over the arms and on such information, raided the place of occurrence. Three persons were apprehended from whose possession arms and ammunition were recovered. Three persons, namely, petitioner no.1 Rajesh Yadav, Shyam Yadav and petitioner no.2 Neeraj

Patna High Court Cr.Misc. No.7622 of 2015 (2) dt.26-02-2015 2 / 2 Yadav managed to flee away.

Learned counsel for the petitioners submits that the names of the petitioners figured in the confessional statement of the apprehended accused. Nothing has been recovered from the possession of the petitioners. On perusal of the record, it appears that on a secret information when the police raided the place, three persons were apprehended and from their possession arms and ammunition were recovered and the apprehended accused disclosed the names of the petitioners, who managed to flee away. Considering the aforesaid facts and submission, I am not inclined to enlarge the petitioner on anticipatory bail. The application is rejected.

If the petitioners surrender in the court below, the court below shall consider the prayer for regular bail of the petitioners considering the fact that the apprehended accused have already been enlarged on bail.

B.Roy/- (Prabhat Kumar Jha, J) U