Bhutka Yadav @ Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67987 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- SONO District- Jamui ====================================================== BHUTKA YADAV @ KISHORE YADAV Son of Late Gopi Yadav Resident of Village - Dahiyari, P.S.- Sono, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 This application, for grant of anticipatory bail, arises out of Sono P.S. Case No. 97/2019, disclosing offences under Sections 25(1-B)a/26/35 of the Arms Act and Section 399/402/34 of the Indian Penal Code.

Allegation as per F.I.R is that there was recovery of country made pistol and cartridge from co-accused, who disclosed the name of petitioner as his associate. Apart from that it appears that he is accused in two more cases and both are under Section 395 of the Indian Penal Code.

Submission of learned counsel for the petitioner is that those cases are of the year 2011 and in those cases, the petitioner has already been granted bail and in this case, he has falsely been implicated in this case and other co-accused having similar allegation has been granted the privilege of anticipatory

Patna High Court CR. MISC. No.67987 of 2019(2) dt.25-10-2019 2/2 bail vide order dated 09.08.2019 passed in Cr. Misc. No. 49732 of 2019 and further nothing has been recovered from the possession of the petitioner.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather this application is disposed of with direction to the petitioner to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the basis of materials available on record and also after considering the fact that other co-accused having similar allegation has been granted the privilege of anticipatory bail by this Court, if possible on same day, without being prejudiced by this order.

(Vinod Kumar Sinha, J) sunilkumar/- U T