Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65772 of 2022 Arising Out of PS. Case No.-41 Year-2021 Thana- MAIGRA District- Gaya ====================================================== RAJESH YADAV S/o Anant Yadav R/o Village- Harni Tant, P.S.- Maigra, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354, 307 & 379 of the Indian Penal Code. The allegation against this petitioner is that he resorted firing with gun and all accused persons looted the house hold article worth Rs.60,000/- from the house of the informant.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.65772 of 2022(2) dt.24-02-2023 2/2 He has been falsely implicated in this case. There has been long standing dispute between the parties and both sides have filed cases against each other. Petitioner has four criminal antecedent as mentioned in para-3 of this application. Learned APP for the State vehemently opposing the bail petition submitted that from perusal of the impugned order, it appears that there is ample evidence against the petitioner and seriousness of the nature of the allegation, the petitioner does not deserve anticipatory bail. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T