Gopal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8664 of 2024 Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== Gopal Yadav SON OF MASUDAN YADAV RESIDENT OF VILLAGEMAHULIYA, PS- CHANAN, DISTT- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-04-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Kajra P.S. Case no.61 of 2018 registered under sections 307, 353, 147, 148 and 149 of the Indian Penal Code, section 27 of the Arms Act and sections 16, 17, 18, 20 and 23 of the U.A.P. Act.
3. As per allegation in the FIR, the 56 named accused persons including the petitioner herein as also 22 to 25 others are stated to have gathered for giving effect to an occurrence. On receiving information the informant and others reached the forest. It is stated that on seeing the armed forces the accused persons started to fire. The armed forces took shelter and somehow saved themselves while the accused persons managed to flee away taking benefit of the dense forest. Live cartridges,
Patna High Court CR. MISC. No.8664 of 2024(5) dt.26-04-2024 2/2 detonator etc were recovered. It is further stated with respect to large number of persons including the petitioner herein that they are involved in keeping a watch on the police movement and providing information and help to the naxals.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are false and concocted. The allegations as levelled in the F.I.R. are vague and unsubstantiated. The petitioner is in custody since 10.10.2023 and the cause of false implication of the petitioner is his antecedents.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., his being in custody for 6 months since 10.10.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Kajra P.S. Case no.61 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Lakhisarai.
(Partha Sarthy, J) Saurabh/- U