← Library
Patna High CourtCR. MISC./8821/2024bail granted

Pradeep Yadav v. The State Of Bihar

2024-04-09Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8821 of 2024 Arising Out of PS. Case No.-250 Year-2016 Thana- JHAJHA District- Jamui ====================================================== PRADEEP YADAV S/O- SITARAM YADAV R/O- VILLAGE- PARASI, P.S.- JHAJHA, DIST.- JAMUI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks bail in Jhajha P.S. Case No. 250 of 2016, instituted for the offence under Section(s) 25(1b)A, 26, 35 of the Arms Act, Sections 3⁄4 of Explosive Substance Act, Sections 16, 17, 18, 19, 20, 21 and 22 of U.A.P. Act.

3. It is alleged in the written report that on the date of occurrence, informant got information that Naxalite Pappu Mian @ Tarik Anwar has come with his other naxal associates in Parasi area. The informant along with other Police personnel reached there and started search operation. During search, some persons were found sitting near the bush towards northern side of the Paras Middle School, but they managed to run away taking advantage of bushy forest area. Out of them, one person

Patna High Court CR. MISC. No.8821 of 2024(3) dt.09-04-2024 2/3 was apprehended by the Police who disclosed his name as Tarik Anwar @ Pappu Mian. He disclosed the name of petitioner. It is further alleged that one country made pistol and two live cartridges have been recovered from possession of Tarik Anwar @ Pappu Mian.

4. In this manner, there is no recovery of any incriminating article from possession of the petitioner. The name of petitioner has been taken by co-accused Tarik Anwar @ Pappu Mian. Similarly situated co-accused persons, namely, Prahalad @ Barun Ji @ Pramod Barnwal, Sulo Daa @ Surendra Yadav and Karu Marandi @ Karu Murmu have already been granted bail by co-ordinate Bench of this Court vide Cr. Misc. Nos. 63616 of 2017, 31633 of 2018 and 29503 of 2018 vide orders dated 25.07.2019, 11.07.2018 and 11.05.2018 respectively.

5. Petitioner is in custody since 26.01.2023.

6. Learned APP for the State vehemently opposes the prayer for bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.8821 of 2024(3) dt.09-04-2024 3/3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - IV, Jamui in connection with Jhajha P.S. Case No. 250 of 2016., subject to the condition that both the bailors will be the close relatives of the petitioner. (Ramesh Chand Malviya, J) saurabhkr/- U T