Patna High CourtCR. MISC./71921/2019dismissed

Chhote Yadav @ Ghanshyam Yadav @ Shyam Sundar Yadav v. The State Of Bihar

2019-12-04Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71921 of 2019 Arising Out of PS. Case No.-774 Year-2017 Thana- NAWADA District- Nawada ====================================================== Chhote Yadav @ Ghanshyam Yadav @ Shyam Sundar Yadav S/o Late Shivdani Yadav, R/o village- Giriyak, P.S.- Giriyak, District- Nalanda ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Nawada (Kadirganj) P.S. Case No. 774 of 2017 registered for the offences punishable under Sections 341, 326, 307/34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has been made accused in this case merely on suspicion and nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner is not concerned with the other co-accused persons or with the occurrence and he is living far away from the house of the informant. The petitioner is in custody since 29.05.2019.

Patna High Court CR. MISC. No.71921 of 2019(2) dt.04-12-2019 2/2 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein this petitioner has been arrested with firearms by Giriyak Police and in course of investigation of the present case his name has transpired, confessional statement has also been made and this Court finds that the petitioner has got criminal antecedent of at least 10 cases on his head prior to the present case, in the opinion of this Court releasing the petitioner at this stage would only be a threat to the society and it would not be possible to procure his presence in course of trial easily. The application for bail is, thus, refused.

Let the trial be expedited.

(Rajeev Ranjan Prasad, J) vats/ved U T