Dinesh Sah @ Aditya Jee @ Dinesh Da v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12890 of 2023 Arising Out of PS. Case No.-10 Year-2011 Thana- PANAPUR District- Saran ====================================================== Dinesh Sah @ Aditya Jee @ Dinesh Da Son Of Krishna Prasad R/O VillageMaharajganj, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Panapur P.S. Case No. 10 of 2011 registered under sections 307, 353, 511, 34 and 120B of the Indian Penal Code, Sections 3 and 4 of Explosive Substance Act and Section 17 of C.L.A. Act.

As per the allegation in the FIR, police got a secret information that a group of Maoists were seen at Gandak Dam near Basahiya Village and then police team reached the place of occurrence and found that land mines have been implanted there for attacking the police party. Upon seeing the police

Patna High Court CR. MISC. No.12890 of 2023(2) dt.25-04-2023 2/3 party, accused persons escaped after crossing the river thereafter police team diffused the land mines and from there some articles were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that neither the petitioner was apprehended on spot nor anything incriminating article has been recovered from his conscious possession. Nothing consistent material has come against him. Moreover, he is languishing in judicial custody since 30.09.2022. Similarly situated other co-accused person has already been granted bail by the different coordinate Bench of this Court vide Annexure-2 of this petition. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Panapur P.S. Case No. 10 of 2011 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.12890 of 2023(2) dt.25-04-2023 3/3 like amount each to the satisfaction of the learned A.C.J.M., Saran, Chapra.

(Sunil Kumar Panwar, J) shubham/- U T