Ramswroop Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 13193 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -LAXMIPUR District- JAMUI ====================================================== Ramswroop Yadav S/o Gursahay Yadav @ Gudsahay Yadav, R/o VillageJogiya, P.S.- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Sanjay Kumar Sharma, Advocate For the S t a t e : Mr Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 120B/121A/122 of Indian Penal Code, Sections 3⁄4 of Explosive Substances Act and Sections 16.18, 20, 21, 22 of UAP Act.

It is submitted on behalf of the petitioner that though the petitioner has no criminal antecedent but he has been implicated in this case on extraneous consideration. It is further submitted that by Annexures 2/1 and 2/2, the villagers have in fact drawn the attention of the authorities against the lynching of the petitioner by the police and, as such, a first information report has been lodged two days after the petitioner was arrested. It is also

Patna High Court Cr.Misc. No.13193 of 2018 (3) dt.12-04-2018 2/2 submitted that there is interpolation in the FIR. From bare perusal of the FIR, it appears that allegation against the petitioner is that he is a habitual offender but in paragraph 48 of the case diary, no criminal antecedent of the petitioner is reported. Considering his aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Jamui in Laxmipur Police Station Case No 187 of 2017 (GR No 1860 of 2017) subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T