Paras Yadav vs The State Of Bihar on 24 May, 2023

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Patna High Court - Orders

Paras Yadav vs The State Of Bihar on 24 May, 2023

Bench: Sandeep Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 29095 of 2023
                      Arising Out of PS. Case No.-253 Year-2009 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Paras Yadav Son Of Shyamlal Yadav, Village- Khapiya, PS Barachatti,
                 District Gaya.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Harendra Prasad, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-05-2023

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks regular bail in connection with Barachatti P. S. Case No. 253 of 2009 registered for the offence punishable under Sections 147, 148, 149, 307 and 353 of the Indian Penal Code and Sections 25(1-b)A, 35 and 27 of the Arms Act and Section 17 of the C.L.A. Act.

As per prosecution case, the informant got an information that some C.P.I. (maoist) were firing near Bhualchatti. When the police personnel reached at the spot, saw that some maoist were raising slogan of Murdabad-Zindabad. On seeing the police, 30-35 miscreants started firing upon the police Patna High Court CR. MISC. No. 29095 of 2023(2) dt.24-05-2023 2/2 personnel with intent to kill them and also they wanted to grab the weapons of the police personnel but on retaliatory action, the miscreants fled away.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is accused in four cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.01.2023.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

The petitioner is involved in Naxalite activity and he has criminal antecedent also.

Considering the aforesaid facts, I am not inclined to grant regular bail to the petitioner.

The trial of the petitioner is directed to be expedited by the Court below.

(Sandeep Kumar, J) shakir/-

U          T

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Patna High Court - Orders