Ram Lakhan Yadav @ Vidhayak Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38754 of 2017 Arising Out of PS.Case No. -173 Year- 2011 Thana -ATRI District- GAYA ====================================================== Ram Lakhan Yadav @ Vidhayak Jee Son of Mahesh Yadav, R/o VillageNawada, P.S.- Dulhin Bagar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 14.07.2016 in connection with Atri P.S. Case No.173 of 2011 registered for the offence punishable under Section 307 and other allied Sections of the Indian Penal Code, Sections 25(1-b)a, 27 of the Arms Act and Sections 13 and 16 of the Unlawful Assembly Prevention Act.

The prosecution case, as lodged by the informant, is that police personnel on information that 15 - 20 Maoists had assembled at village-Nandiha to commit crime, encircled them and asked them to surrender but they resorted to firing. Thereafter the police also counter fired. When firing was over one extremist was

Patna High Court Cr.Misc. No.38754 of 2017 (5) dt.09-10-2017 2/3 found dead lying near the house of Raj Deo Paswan and a country made single barrel gun was recovered from the place of occurrence. The petitioner was stated to be Sub Zonal Commander of Maoist Organization.

It has been submitted by the learned counsel for the petitioner that he is innocent. Firing was resorted from both sides but whose firing hit one person who succumbed to his injury it is not mentioned in the F.I.R. He submits that nothing has been recovered from his conscious possession and that charge sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. However, learned A.P.P. for the State opposes the prayer for bail stating that as many as three criminal cases are pending against him and that he belongs to Maoist group. Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rs.

Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Atri P.S. Case No.

Patna High Court Cr.Misc. No.38754 of 2017 (5) dt.09-10-2017 3/3 concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) AnilKrSinha/- U T