Raju Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.57672 of 2015 (3) dt.18-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57672 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -CHAKAI District- JAMUI ====================================================== Raju Yadav son of Bijo Yadav, resident of Bishanpur, P.S. Sono (Charkapather), District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate. For the Opposite Party : Mr. A.K.Choudhary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Chakai P.S. Case No.92/2014, arising out of U.A.P. Case No.04/2015, registered under Sections 147, 148, 149, 353, 307, 121, 121(A) and 120B of the Indian Penal Code, under Section 27 of the Arms Act, under Sections 3,4 and 5 of Explosive Substance Act, under Section 10,11,13 of U.A.P. Act and under Section 17 of C.L.A. Act.

The accusation is that informant received information on his phone by Superintendent of Police that explosive substance loaded on vehicle is being supplied to extremists then he along with other police officials reached at village Kokahra and found explosive substance loaded on two mini trucks and one Fiat car. On seeing the police personnel, the drivers started to flee away but they were caught by the police, who disclosed their names as Md.

Patna High Court Cr.Misc. No.57672 of 2015 (3) dt.18-02-2016 Sajjad and Suresh Rai. The explosive vehicles along with three detonators with nylon wire were recovered from truck bearing registration no. JH027-7374 and mobiles were also recovered from full pant of Sajjad and Suresh Rai.

Learned counsel for the petitioner submits that the petitioner is not named in F.I.R. The name of the petitioner has come in course of investigation merely on suspicion in supervision note, as the petitioner has been made accused in seven cases as detailed in paragraph-16 of the case diary. The further submission is that the petitioner is in custody since 20.08.2015. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Jamui, in connection with U.A.P. Case No.04/2015 in connection with Chakai P.S. Case No. 92/2014. Out of two sureties, one surety must be close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J.) Amit/- U T