Dismissed¶30

Guddu Yadav @ Guddan Yadav v. The State of Bihar

Bail – Second application

Patna HC13 Mar 2024CR. MISC./21221/2024

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What is this about?

Patna High Court (Sandeep Kumar, J), 13-03-2024, Criminal Miscellaneous No.21221 of 2024: second bail application of Guddu Yadav @ Guddan Yadav in Piri Bazar P.S. Case No.162 of 2021 (Lakhisarai) involving charges under ss.147/148/149/448/364 IPC, s.27 Arms Act and ss.16/18/20/23 UA(P)A for alleged Maoist kidnapping and firing, dismissed; no ground found to review earlier rejection dated 02.08.2023 in Cr. Misc. No.21032 of 2023; Supreme Court ruling in Gurwinder Singh (2024 SCC OnLine SC 109) that jail is the rule and bail the exception under UAPA relied upon; trial expedited.

What did the court decide?

There is no ground to review this Court's earlier order dated 02.08.2023 rejecting the petitioner's first bail prayer. ¶28

Guddu Yadav @ Guddan Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21221 of 2024

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Arising Out of PS. Case No.-162 Year-2021 Thana- PIRI BAZAR District- Lakhisarai

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======================================================

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Guddu Yadav @ Guddan Yadav Son of Karu Yadav Resident of VillageMahulia, Police Station- Chanan, Dist.- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar, Advocate For the State : Mr.Ram Anurag Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 13-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 02.08.2023 in Cr. Misc. No. 21032 of 2023.

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The petitioner seeks bail in connection with Piri Bazar P.S. Case No. 162 of 2021 for the offence under Sections 147, 148, 149, 448, 364 of the Indian Penal Code and Section 27 of the Arms Act and under Sections 16, 18, 20, 23 of unlawful Activities Act.

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The following order was passed on 02.08.2023 in

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Patna High Court CR. MISC. No.21221 of 2024(2) dt.13-03-2024 2/3

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Cr. Misc. No. 21032 of 2023 which reads as under:

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Heard learned counsel for the petitioner and State.

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2. The petitioner is in custody in connection with Piri Bazar P.S. Case No. 162 of 2021 for the offence under Sections 147, 148, 149, 448, 364 of the Indian Penal Code and Section 27 of the Arms Act and under Sections 16, 18, 20, 23 of unlawful Activities Act.

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3. As per prosecution case, 10-15 Maoists entered into the house of the informant and kidnapped his son and fired about 10 to 15 rounds.

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4. During investigation, the police had encounter with the Maoists and one of the naxalites, namely, Pramod Koda was shot dead by the police and son of the informant was released.

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5. The petitioner has been found to be involved in the crime. He is a naxalite and he is accused in five similar cases Under unlawful Activities (Prevention) Act.

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6. Considering the serious allegation and criminal antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

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7. Accordingly, the prayer of bail of the petitioner is rejected herewith.

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8. The Trial Court is directed to expedite the trial.”

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The Hon’ble Supreme Court in a recent judgment

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in the case of Gurwinder Singh vs. State of Punjab and Anr. reported in 2024 SCC Online SC 109 , has held that jail is the Rule and bail is an exception in cases under UAP Act.

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