Patna High CourtCR. MISC./41520/2018disposal with observation

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

2018-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41520 of 2018 Arising Out of PS.Case No. -79 Year- 2016 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Pankaj Kumar Yadav @ Pankaj Yadav son of Bhuna Yadav @ Bhuneshwar Yadav @ Mannu Yadav, Resident of Village- Maheshpur, P.S.- Piri Bazar, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2018 Heard the parties.

This application is for grant of regular bail in connection with Bazar P.S.Case No.79 of 2016 for the offences under Sections 147, 148, 149, 307,353 of the Indian Penal Code, Section 25 (1-b)A/26/27/35 of the Arms Act, Section 3/4 of Explosive Substance Act and Sections 16, 17, 18, 20, 23, 28 of the UAP Act..

Allegation against the petitioner as per FIR is that the police received information that the petitioner and 25 other persons are planning for committing offence as such Police Party proceeded towards Hanuman Asthan Hill Area and there was firing on police party and they also fired on those persons and the police found some live cartridges, explosives and other articles

Patna High Court Cr.Misc. No.41520 of 2018 (3) dt.26-09-2018 2/2 there. The petitioner is named in the FIR.

Submission of the learned counsel for the petitioner is that no such occurrence has taken place and he has been falsely implicated in this case. The petitioner is in custody since 27.11.2017. No doubt he is accused in five other cases also but he has been granted bail in all those cases.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, once the charge is framed in this case, the petitioner shall be released on bail in connection with Piri Bazar P.S.Case No.79 of 2016 to his own satisfaction. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T