Dara Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49849 of 2017 Arising Out of PS. Case No.-33 Year-2016 Thana- DEO District- Aurangabad ====================================================== Dara Yadav, S/o Late Iswari Yadav, resident of Village- Ban Bisunpur, P.S. Dhibra, District Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. SRI SHYAM BIHARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Deo P. S. Case No. 33 of 2016 registered for the offences punishable under Sections 147, 148, 149, 326, 307, 353, 386, 121, 121A, 122, 124A, 427 of the Indian Penal Code, Sections 25,26, 27 of the Arms Act, 3/4/5 of Explosive Substance Act, 17 CLA Act and 16(1)a, 16(1)b and 38 of UAPA Act. On receiving information, informant along with police force proceeded towards Ganjoi Hill for apprehending the naxalities. It is alleged that firing took place between them and informant identified some of them including petitioner. During search one land mine exploded in which one constable died and some police personnel received injuries.

It is submitted on behalf of the petitioner that informant

Patna High Court Cr.Misc. No.49849 of 2017(3) dt.12-12-2017 2/2 did not disclose the source of identification of the petitioner and only he has got criminal antecedent, he has been made accused in the present case. It is further submitted that co-accused Heeraman Yadav and Govind Yadav have already been granted regular bail by a Bench of this Court in Cr. Misc. No. 22266 of 2017 and Cr. Misc. No. 25654 of 2017 respectively, which would appear from Annexure-2 series to the petition. Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Adhoc Additional Sessions Judge, Fast Track Court-VII, Aurangabad, in connection with S. Tr. No. 241 of 2017/290 of 2017 arising out of Deo P. S. Case no. 33 of 2016.

(S. Kumar, J) sudip/- U