Laxman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7308 of 2019 Arising Out of PS. Case No.-1 Year-2013 Thana- GOH District- Aurangabad ====================================================== Laxman Yadav Son of- Bhondu Yadav Resident of Village-Khaira, P.S. Konch, 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.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 387 of the Indian Penal Code and 17 of C.L.A. Act.

Allegedly, while the informant alongwith two others was guarding bridge, 8-10 miscreants having weapons and lathi reached there. They took out the informant and others and tied their hands with muffler. They branded themselves as Maoist. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 29-08-2018. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name has been taken by co-accused Kail Prajapati

Patna High Court CR. MISC. No.7308 of 2019(4) dt.17-07-2019 2/2 in his confessional statement. No specific overt act is alleged against the petitioner. There is no recovery of any incriminating article from possession of the petitioner.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Chief Judicial Magistrate, Aurangabad in connection with Goh P.S. Case No. 01 of 2013.

(Sudhir Singh, J) A.K.V.//- U T