Shiv Nandan Yadav @ Shiv Nandn Pd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49286 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -ATRI District- GAYA ======================================================

1. Shiv Nandan Yadav @ Shiv Nandan Pd. S/o Chandrajit Yadav, R/o Vill.- Chakra, P.S.- Atri, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Atri P.S. Case No.305 of 2017, registered for the offences punishable under Sections 399/402/414 of the Indian Penal Code.

From the house of this petitioner a country-made 12 bore single barrel gun was recovered. The petitioner has stated on oath that he has got no criminal antecedent. The FIR would reveal that the name of the petitioner surfaced in the confessional statement of co-accused and thereafter house of the petitioner was searched by the police and gun was recovered. Considering the nature of allegation, I am not

Patna High Court Cr.Misc. No.49286 of 2018 (3) dt.31-10-2018 P2/ inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court and also considering the fact that submission of the petitioner is that the son of the petitioner was arrested from the house on the same accusation, therefore, entire family members cannot be roped for that reason.

(Birendra Kumar, J) Mkr./- U T