Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20071 of 2021 Arising Out of PS. Case No.-302 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== ANIL YADAV, Son of Sidheshwar Yadav, Resident of Village - Bhagwanpur Rampur, P.S. - Hulasganj, District - Jehanabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Singh, Adv.

For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 3⁄4 of the Explosive Substances Act and Sections 16, 18 and 20 of the C.L.A. Act. Prosecution case, in brief is that the petitioner alongwith other co-accused persons were found in suspicious conditions and on search a white plastic bag containing 25 pieces Explosive Substance was found on which POWERGEL901 EXPLOSIVE 25 mm x 125 g. Indian Explosive Private Ltd. Gomia was mentioned and seizure list was prepared accordingly.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.20071 of 2021(3) dt.26-10-2021 2/2 case only on suspicion. He submits that the petitioner is named in the FIR. There is no any incriminating articles has been recovered from the conscious possession of the petitioner and there is no specific overt act against the petitioner. He further submits that the petitioner is languishing in judicial custody since 05.102020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Khizersarai P.S. Case No. 302/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T