Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16574 of 2015 Arising Out of PS.Case No. -324 Year- 2014 Thana -WAJIRGANJ District- GAYA ====================================================== Sanjay Yadav, Son of Sri Saman Yadav, resident of village - Dema Tola Pathra, P.S.- Mohanpur, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 04-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Wazirganj P.S. Case No. 324 of 2014 registered under Sections 395 and 412 of the Indian Penal Code. It is a case of road dacoity in which the dacoits overpowered the driver of the truck, tied his hands and legs and threw him out. Thereafter, they took away the truck. On chase having been made, the police arrested three of the miscreants, who took name of the petitioner and two others, namely, Surendra Manjhi and Gyani Yadav @ Gyani Kumar as their

Patna High Court Cr.Misc. No.16574 of 2015 (4) dt.04-09-2015 2 / 2 associates.

It is contended that the name of the petitioner has come in course of investigation on the basis of confessional statement and co-accused Surendra Manjhi and Gyani Yadav @ Gyani Kumar having identical allegation have already been granted bail by different orders passed by different Benches of this Court.

Learned counsel for the State has opposed the prayer for anticipatory bail. He submits that the offence is quite serious in nature and the police may require custodial interrogation of the petitioner.

Regard being had to the gravity of the offence, I am not inclined to grant anticipatory bail to the appellant even though two other co-accused namely, Surendra Manjhi and Gyani Yadav @ Gyani Kumar have been granted anticipatory bail by two different orders passed by different Benches of this Court. Accordingly, the application for anticipatory bail is rejected.

(Ashwani Kumar Singh, J.) Sanjeet/- U T