Dr. Devendra Prasad @ Devendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3818 of 2015 Arising Out of PS.Case No. -16 Year- 2014 Thana -KOTHI District- GAYA ====================================================== Dr. Devendra Prasad @ Devendra Prasad Son of Late Hari Prasad Mahto, Resident of Village - Manghar, Police Station - Paraiya, District- Gaya. Present residing of Village - Biraj, Police Station - Kothi, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 16.07.2014 in a case registered for the offences punishable under Sections 147, 148, 149, 435, 427 of the Indian Penal Code, 3/4 of Explosive Substances Act and 17 of Criminal Law Amendment Act.

It is alleged that the informant's mobile tower was burnt by the extremists. Name of the petitioner sprang up during investigation.

It is submitted by learned counsel for the petitioner that the name of the petitioner though transpired during

Patna High Court Cr.Misc. No.3818 of 2015 (02) dt.29-01-2015 2/2 investigation in the confession of the co-accused it is claimed that recovery of mobile has been made from the petitioner, but no seizure list was made nor any witness suggested any overt act by this petitioner.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Sherghati, Gaya in connection with Kothi P.S. Case No. 16 of 2014.

Since the petitioner is accused in two other cases, the learned court below will cancel the bail bonds of the petitioner, if he substantially gets involved in some serious nature of the offence or defaults for two consecutive occasions. (Dinesh Kumar Singh, J) DKS/- U T