Shekhar Yadav @ Raj Shekhar Yadav @ Raj Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13777 of 2015 Arising Out of PS.Case No. -351 Year- 2014 Thana -MADHEPURA District- MADHEPURA ====================================================== Shekhar Yadav alias Raj Shekhar Yadav alias Raj Shekhar Kumar, son of Ram Chandra Yadav alias Chandar Yadav, resident of Village - Bishbari, Police Station - Gwalpara, District - Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------ 20-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhepura P.S. Case No.351 of 2014/G.R. Case No.1392 of 2014 registered under Sections 399, 402 and 414 of the Indian Penal Code besides Sections 25(1-B)A, 26 and 35 of the Arms Act, pending in the court of C.J.M., Madhepura.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. rather the name of the petitioner has been disclosed by the co-accused, Mantosh Kumar alias Mister and Rajesh Kumar alias Rajesh Tiger, who have been apprehended by the police and on the basis

Patna High Court Cr.Misc. No.13777 of 2015 (2) dt.20-05-2015 2/2 of whose confessional statement the theft motorcycle was recovered. It is further submitted that the petitioner being the social worker of "Youva Shakti" raised voice against the illegal activities of the police and due to that reason the petitioner has falsely been implicated in the present case by the police and in three other cases in which also the petitioner is not named in the F.I.R.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the court below within four weeks and pray for regular bail, which shall be considered by the trial court on its own merit without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T