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Patna High CourtCR. APP (DB)/1378/2017disposed

Rakesh Kumar Yadav @ Rakesh Kumar v. The State Of Bihar And ORS

2018-02-13Mr. Justice Hemant Kumar Srivastava,Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (DB) No.1378 of 2017 Arising Out of PS. Case No. -2 Year- 2017 Thana -NIA District- PATNA ====================================================== Rakesh Kumar Yadav @ Rakesh Kumar, son of Shivnath Rai @ Vishwanath Yadav, Resident of Village- Bakhri, P.S.- Adapur, DistrictEast Champaran. .... .... Appellant

Versus

1. The State of Bihar.

2. The Union of India through Government of India, Ministry of Home Affairs, New Delhi.

3. The National Investigation Agency.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Rajesh Kumar, Adv. For N.I.A. : Mr. Akhileshwar Prasad Singh, Sr. Adv. For Union of India Mr. S.D. Sanjay, A.S.G. Mr. Manoj Kumar Singh, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA) 13-02-2018 Heard learned counsel for the appellant, learned counsel appearing for the N.I.A. as well as learned Additional Solicitor General of India and perused the record. This appeal has been preferred on behalf of sole appellant for grant of bail in Special Case No. 02 of 2017 arising out of R.C. Case No. 02 of 2017.

The appellant was caught along with others on the charge of planting pressure cooker bomb on the railway track. The

Patna High Court CR. APP (DB) No.1378 of 2017 (6) dt.13-02-2018 2/2 appellant confessed his guilt and it appears from perusal of the impugned order that several witnesses got recorded their statements under Section 164 of the Cr.P.C. disclosing the modus operandi of the appellant and other accused persons. Furthermore, the impugned order goes to show that mobile location of the appellant and other accused were also collected which indicate involvement of the appellant in the present crime. Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, we are not inclined to release the appellant on bail and accordingly, his prayer for bail in connection with above stated case stands rejected. In the aforesaid manner, this criminal appeal stands disposed of.

(Hemant Kumar Srivastava, J) (Rajendra Kumar Mishra, J) SHAHZAD/- U T