Lallu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70836 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- GHOSWARI District- Patna ====================================================== Lallu Yadav Son of Chalitra Yadav, resident of Village- Alinagar, Paijna, Ward No. 12, P.S.- Ghoswari, District- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :
Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2022 This application has been listed under the heading "For Orders".
Registry has pointed out several defects in the present application.
Mr. Manoj Kumar Pandey, learned counsel for the petitioner submitted that the defects are mainly because only efiling of the applications are permitted by the Court. He submitted that the defects can be removed only after filing of hard copy is permitted. He undertook that even if the application is heard and disposed of on merit, in due course of time, when the Court would permit filing of hard copy, the defects pointed out by the registry would be removed.
In view of the submissions made by the learned counsel for the petitioner, with consent of the parties, the
Patna High Court CR. MISC. No.70836 of 2021(2) dt.07-07-2022 2/2 application has been taken up for hearing on merit. In the present application preferred under Section 438 of the Code of Criminal Procedure, the petitioner has prayed for grant of pre-arrest bail in connection with Ghoswari P.S. Case No.70 of 2021 registered for the offences punishable under Sections 147, 148, 149, 302/120-B of the Indian Penal Code of the Indian Penal Code as well as Section 27 of the Arms Act. Considering the gravity of the offence and the fact that the name of the petitioner transpired during investigation in disclosure made by one of the co-accused, I am not inclined to grant him pre-arrest bail. The application for grant of pre-arrest bail is rejected.
In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J) kanchan/- U