Akash Dewip @ Akash Deep @ Devi Lal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.44866 of 2015 (3) dt.18-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44866 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -DEO District- AURANGABAD ====================================================== Akash Dewip @ Akash Deep @ Devi Lal Yadav, son of Sri Vishundeo Singh, Resident of Village- Dev Tola, Dattu Bigha, P.S.- Dev, DistrictAurangabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pravin Kumar For the Opposite Party : Mr. Nawal Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 30.05.2015 in a case instituted under Sections 121, 121-(A), 386 and 120B of the Indian Penal Code and Sections 38, 39 and 40 of the UPA Act. As per prosecution case that the informant had been received intelligence inputs regularly that petitioner had joined in Maoist activities and he used to prove the articles needed by them and he also used to give shelter to the members of the Maoist who were holding high rank and were accused in so many cases. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.05.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of

Patna High Court Cr.Misc. No.44866 of 2015 (3) dt.18-12-2015 evidence against the petitioner. Petitioner has falsely been implicated in the present case. There is no recovery of any incriminating from the possession of the petitioner. There is no substantive piece of evidence to suggest the involvement of the petitioner in the Maoist activities. Merely on suspicion, he has been made accused.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 learned CJM, Aurangabad in connection with Deo P.S.Case No.30 of 2015.

(Sudhir Singh, J) B.Kr./- U T