Nagendra Yadav @ Binod Yadav @ Nagendra Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19151 of 2020 Arising Out of PS. Case No.-15 Year-2016 Thana- MADANPUR District- Aurangabad ====================================================== Nagendra Yadav @ Binod Yadav @ Nagendra Jee Son of Bhola Yadav Resident of Village - Barha, P.S.- Chhakarbandha, Distt - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Madanpur P.S. Case no. 15 of 2016 registered under sections 307, 147, 148, 149, 353, 121 and 504 of the Indian Penal Code, section 27 of the Arms Act and section 17 of the CLA Act.

As per allegation in the F.I.R., while the police personnel were going to the forest area, they were attacked by 80-90 Maoist extremists. There was indiscriminate firing and the police personnel had to call for extra help. It is further stated that a lady namely, Madina Khatoon belonging to the extremists group was detained and she took the name of 31 accused persons including the petitioner and 15-16 unknown persons.

Patna High Court CR. MISC. No.19151 of 2020(2) dt.04-06-2020 2/2 It is submitted by learned counsel for the petitioner that except for the confessional statement of a co-accused made before the police, there is no material against him. The petitioner is in custody since 22.1.2019 and the investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with S.Tr. no. 173/19/170/2019 (Madanpur P.S. Case no. 15 of 2016; G.R 251/16) on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IX, Aurangabad.

(Partha Sarthy, J) Bibhash/- U T