Dhanik Lal Mandal @ Bhutali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20132 of 2015 Arising Out of PS.Case No. -35 Year- 2012 Thana -DUMARIA District- GAYA ======================================================

1. Dhanik Lal Mandal @ Bhutali Yadav Son of Ramdeo Yadav resident of village - Lutua Tola Babu Ramdih, P.S. Imamganj, Distt. - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Smt. Pushpa Sinha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code, 27 Arms Act, 3.4.5 of the Explosive Substance Act and 10, 11, 13(i), 13(ii) of the U.A.P. Act.

The petitioner along with other accused persons is named in the FIR. It is alleged that firing and cross firing were made between the extremists and CRPF Constables in which two miscreants and one Constable were killed. It is submitted that name of the petitioner figured in the case but on mere surmises and conjectures and no specific allegation is made against the petitioner. Similarly situated accused, namely, Anil Bharti and Samajeet Bhuiya have already been enlarged on bail vide order

Patna High Court Cr.Misc. No.20132 of 2015 (3) dt.03-07-2015 2/2 passed in Cr. Misc. 15749 of 2013. The petitioner is in custody since 01.11.2014.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Gaya in U.A.P Trial No. 32/15 arising out of Dumariya P.S. Case No. 35/2012. (Prabhat Kumar Jha, J) BKS/- U T