Devendra Kumar Yadav @ Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51380 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- NIRMALI District- Supaul ====================================================== DEVENDRA KUMAR YADAV @ DEVENDRA YADAV Son of Vishundeo Yadav R/V- Mahthaur Goth, P.S- Andheramath, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 411, 420, 34 of IPC and 25(1-b)a, 26, 35 of Arms Act.

Allegedly, one country made pistol with two magzine and three cartridges were recovered from Bamboo orchard which is situated North-East of the Ram Janki Temple which was concealed by accused Pawan Kumar Yadav after using the same in Nirmali P.S. Case no. 152/21.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.51380 of 2022(3) dt.19-12-2022 2/2 has been falsely implicated in this case merely on the basis of confessional statement of Pawan Kumar Yadav. Co-accused has confessed that the said recovered country made pistol and cartridges have been purchased from the petitioner. Nothing has been recovered either from his conscious possession or from his house or landed property nor the petitioner was ever been seen around the place of recovery. The alleged recovery have been recovered from a bamboo orchard and motorcycle is said to be recovered from the premises of Ram Janki Temple, which is a public place. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is specific allegation against the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed..

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