Bhim Yadav @ Hari Mohan @ Pahari Ful @ Lulha @ Hari Mohan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.33219 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33219 of 2017 Arising Out of PS.Case No. -31 Year- 2014 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Bhim Yadav @ Hari Mohan @ Pahari Ful @ Lulha @ Hari Mohan Yadav Son of late Kheman Yadav Resident of Village-Menka, P.S. Imamganj, Dist-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

The petitioner seeks regular bail in connection with Bankey Bazar, Roshanganj P.S. Case No. 31 of 2014 registered for the offences punishable under Sections 147, 148, 149, 120B, 121-A, 122, 124-A, 307, 353 of the Indian Penal Code, Sections 3 / 4 / 5 of the Explosive Substance Act, Sections 13, 16, 18, 20 of the U.A.P. Act and Section 17 of the C.L.A. Act. On a tip off, the informant along with his associates went at the place of occurrence where they saw that altogether 30 F.I.R. named and 25-30 unknown persons had assembled at the place of occurrence for exploding cane bomb with intention to kill the police and paramilitary forces. They

Patna High Court Cr.Misc. No.33219 of 2017 (2) dt.20-07-2017 chased them but, they managed to escape. They were also indulged in collecting the levy from the local people. The learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner. He was neither caught on the spot nor identified by any witnesses. The police have implicated this petitioner after lodging several cases only to harass the petitioner. The recovery of a live cane bomb and explosive substance were made from the open place. The petitioner is in custody since 31.01.2017. The learned APP for the State opposed the submissions.

Considering the nature of allegation, facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sherghati, District-Gaya in connection with Bankey Bazar, Roshanganj P.S. Case No. 31 of 2014.

(Sanjay Kumar, J) ajaypd./- U T