Nagdeo Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.23450 of 2016 (4) dt.02-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23450 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -MADANPURA District- AURANGABAD ====================================================== Nagdeo Yadav Son of Jhagru Yadav Resident of Village- Manghauli, Police Station Deo District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Adv. For the Opposite Party/s : Mr. Parmanand Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 05.04.2016 in connection with Madanpur P.S. Case No. 42 of 2016 for the offences instituted under Sections 124 A, 307, 120(B) of the Indian Penal Code, Section 4/5 of the Explosive Substance Act and 17 of the C.L.A. Act.

The prosecution story, in brief, is that on 01.04.2016 at about 5.00 p.m. the SHO, Madanpur received confidential information that some explosive have been set up by the Nuxalites against the police action and on that information he went there and found that just near the bridge some electric wire has been put on the path. Then he arranged the other police party and on 02.04.2016 recovered some explosives.

Patna High Court Cr.Misc. No.23450 of 2016 (4) dt.02-08-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.04.2016. Charge-sheet has been submitted in the present case. There is no allegation of tempering of witnesses against the petitioner. The petitioner has been made accused on the basis of confessional statement of co-accused Ganesh Yadav. No injury is said to have been caused to anyone. Other co-accused have been granted bail vide Cr. Misc. No. 22173 of 2016, 21759 of 2016 and 26454 of 2016.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 42 of 2016.

(Sudhir Singh, J) Prakash/- U T