Awadhesh Yadav @ Shambhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7421 of 2018 Arising Out of PS.Case No. -177 Year- 2009 Thana -MADANPURA District- AURANGABAD ======================================================
1. Awadhesh Yadav @ Shambhu Yadav S/o Doman Yadav, R/o VillageMunjhara, P.S.- Goh, District- Aurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Madanpur P.S. Case No. 177 of 2009 registered under Section 147, 148, 149, 341 & 427 of the Indian Penal Code.
Seven accused persons are said to have blown the BTS machine of the Airtel tower. They were in the black uniform and were chanting pro MCC slogans.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no concern with the aforesaid occurrence. There is nothing on record indicating the
Patna High Court Cr.Misc. No.7421 of 2018 (02) dt.07-02-2018 - 2 - complicity of the petitioner in the occurrence barring the confessional statement of co-accused Lala Yadav recorded by the police, which has no evidentiary value in the eye of law. Though petitioner has criminal antecedent but he is on bail in all the cases lodged against him. The petitioner has been languishing in custody since 15.09.2017. Similarly situated co-accused Kail Prajapati @ Satyanarayan Prajapati @ Har Govind Prajapati @ Akash Jee has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 34690 of 2015 vide order dated 23.11.2015. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No.177 of 2009.
(Prakash Chandra Jaiswal, J) Trivedi/- U T