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Patna High CourtCR. MISC./26748/2023allowed

Subedar Yadav @ Subedar Ji v. The State Of Bihar

2024-01-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26748 of 2023 Arising Out of PS. Case No.-3 Year-2018 Thana- CHAKARANDHA P.S. District- Gaya ====================================================== Subedar Yadav @ Subedar Ji S/O Jattu Yadav Resident Of VillageMahulniya, P.S.- Chakkarbandha, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Jubair Ansari For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 307, 353 of the Indian Penal Code, Sections 25(1-B) a, 26, 27 of the Arms Act and Section 17 of the C.L.A Act. .

It is alleged that when the raid was conducted in the forest areas, the petitioner and others fired several rounds on the police personnel and other security forces. From the place of seizure, heavy quantity of arms, ammunitions and other explosive materials were

Patna High Court CR. MISC. No.26748 of 2023(7) dt.25-01-2024 2/3 recovered.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with any kind of naxali organizations. The petitioner surrendered in the light of a press notification issued by the police administration on 16.10.2020 and since then he is in custody.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.26748 of 2023(7) dt.25-01-2024 3/3 each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Chakkarbandha P.S. Case No. 03 of 2018.

(Sunil Kumar Panwar, J) Shageer/- U T