Ram Lakhan Yadav @ Bidhayak Ji @ Manoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25171 of 2016 Arising Out of PS.Case No. -77 Year- 2012 Thana -KHIJARSARAI District- GAYA ====================================================== Ram Lakhan Yadav @ Bidhayak Ji @ Manoj Son of Mahesh Yadav, resident of village - Nawada, Police Station Dulhin Bazar, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. M.K.Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 435, 341, 323, 447, 387 of the Indian Penal Code and Section 17 of the C.L.A. Act. The prosecution case, in brief, is that on 15.6.2012 at about 2 P.M. the informant proceeded from Gaya and went at his brick kiln and after taking meal he slept, then two persons came there. Thereafter he woke up and asked their name, they told that they belong to extremist group and then they tied his both hand with rope. They set fire on his motorcycle and tractor of Arvind Singh. When the informant requested to the extremists, then they opened his hand and threatened that if alarm is raised he would be killed. The informant has given description of all the miscreants.

Patna High Court Cr.Misc. No.25171 of 2016 (4) dt.23-08-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.6.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The petitioner's name has come on the basis of confessional statement of a co-accused. Other co-accused have been granted bail vide Cr.Misc.No.20017 of 2013 and Cr.Misc.No.36865 of 2013.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Miss Akanksha Kashyap, Judicial Magistrate, 1st class, Gaya in connection with Khizer Sarai P.S. case No.77 of 2012.

(Sudhir Singh, J) Narendra/- U T