Ashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63279 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- AMAS District- Gaya ====================================================== Ashish Yadav, S/o Radha Yadav, Resident of Village- Pathera, P.S. Amas, District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.(Dr.) Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-03-2019 Heard Sri Rajeev Kumar Singh, learned counsel for the petitioner and Dr. Mrityunjaya Kr. Gautam, learned Addl. Public Prosecutor.

The petitioner, apprehending his arrest in Amas P.S. Case No. 125 of 2018 registered for the offence under Section 412/34 of the Indian Penal Code, has prayed for grant of bail, in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case on the pretext of recovery of Rs. 2 lakhs from the house of the petitioner. He submits that recovered amount was not looted articles. Sri Singh, learned counsel for the petitioner has argued that one of the accused, almost in similar circumstances, has been granted anticipatory bail.

Patna High Court CR. MISC. No.63279 of 2018(6) dt.27-03-2019 2/2 While considering the prayer for anticipatory bail, the Court is of the opinion that it's hardly matter whether other accused has been granted bail by another Bench or not, if there is some material showing involvement of person, particularly in view of nature of accusation, I am of the opinion that privilege of anticipatory bail may not be extended.

Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail.

In this case, earlier case diary was called for. Fact remains that in toll plaza, loot was committed and, thereafter, on raid, huge quantity of amount, which was concealed in the house of the petitioner, was recovered.

Considering the seriousness of accusation, there is no reason to extend the privilege of anticipatory bail. (Rakesh Kumar, J.) nawalkrs/- U T