Janki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16033 of 2022 Arising Out of PS. Case No.-168 Year-2013 Thana- KHAIRA District- Jamui ====================================================== JANKI YADAV SON OF LATE LAKHAN YADAV RESIDENT OF VILLAGE DUDHANIYA, P.S. SONO (CHARKAPATHAR), DISTRICTJAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 147, 148, 149, 427, 436, 120B and 121 of the Indian Penal Code, 3⁄4 of the Explosive Substances Act and 16, 17, 18, 19, 20, 21 and 22 of the Unlawful Activities Prevention Act.

As per the prosecution case, the informant got some information that in the area, 78 hard core Naxalites are active wherein the name of the petitioner finds place at serial No. 33 in

Patna High Court CR. MISC. No.16033 of 2022(3) dt.26-07-2022 2/3 the F.I.R. Subsequently, they learnt that more than 150 extremists demolished newly constructed community hall by exclusive substance.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in six other criminal cases as stated at para 3 of the bail petition and supplementary petition. The petitioner is in custody since 08.10.2021. Co-accused persons have already been granted bail by Co-ordinate Benches in Cr. Misc. No. 18419 of 2014 and 15618 of 2015. The petitioner has not been put on T.I.P. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Jamui, in connection with Khaira P.S. Case No. 168 of 2013, with following conditions:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.16033 of 2022(3) dt.26-07-2022 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the Court concerned.

2. One of the bailors must be a close relative of the petitioner.

3. If the petitioner is found involved in other criminal cases, his bail bond is liable to be cancelled by the concerned Court.

4. The petitioner is directed to mark his attendance before the Officer-In-Charge of the concerned police station at 10.00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of bail will stand cancelled by the Court concerned. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T