Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76578 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== SUNIL YADAV Son of Harihar Nath Yadav Resident of Village - Siswabarhi, P.S.- Phulparas, Distt.- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Phyulparas P.S. Case No. 114 of 2018 registered for the offences punishable under Sections 341, 323, 384, 386, 427, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits no direct and specific allegation has been levelled against him and he is suffering custody since 26.02.2019.

Learned APP has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case wherein this petitioner is said to be a member of the gang involved professionally in commission of crime and in respect

Patna High Court CR. MISC. No.76578 of 2019(2) dt.11-12-2019 2/2 of alleged occurrence in which the petitioner was also present firing with his gun, video has been prepared in which this petitioner was found present and there being as many as 30 cases on the head of this petitioner as stated in the impugned order though the petitioner has disclosed only 25 cases in paragraph '3' of the present application, this Court is not inclined to grant regular bail to the petitioner. Learned counsel for the petitioner placed before this Court a copy of the order dated 02.05.2019 passed by a learned co-ordinate Bench of this Court in Cr. Misc. No. 13118 of 2019 in which co-accused is said to have been granted bail on completion of nine months of custody.

On perusal of the said order this Court does not find any mention of criminal antecedent.

So far as this case of this petitioner is concerned, there being 30 cases against the petitioner, the amount of threat to the society at large in case of release of the petitioner may well be appreciated.

The prayer bail of the petitioner is thus, refused. (Rajeev Ranjan Prasad, J) avin/- U T