Sri Lal Yadav @ Sri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68367 of 2019 Arising Out of PS. Case No.-265 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Sri Lal Yadav @ Sri Yadav S/o- late Ladu Lal Yadav R/o- Vill.- Suja (Shanti Nagar), P.S.- Muffasil, Dist.- Begusarai.

2.

Balram Yadav @ Valaram Yadav S/O- Late Ladu Lal Yadav R/o- Vill.- Suja (Shanti Nagar), P.S.- Muffasil, Dist.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Begusarai Muffasil P.S. Case No.265 of 2017, registered for the offences punishable under Sections 25(1-b)a/26/35 of the Arms Act. On 17.06.2017, the police got information that petitioners and other co-accused persons armed with arms and ammunition are trying to supply the liquor to the selected place. The police raided the place but the petitioners fled away from the place of occurrence.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.68367 of 2019(6) dt.20-06-2022 2/2 present case. It is further submitted that after investigation the police submitted final form against the petitioners and other coaccused persons but the learned court below took cognizance on the basis of sanction given by the District Magistrate in Arms Act. It is submitted that the petitioners have got one criminal antecedent. It is also submitted that there is nothing on record to show the involvement of the petitioners in the alleged offence. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. However, if petitioners surrender before the learned court below within a period of six weeks from today and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioners preferably on the same day without being prejudiced by this order taking into consideration the fact that the police has submitted final form against the petitioners.

Accordingly, this application is disposed of. (Anjani Kumar Sharan, J.) Sanjay/- U T