Rambhaju Yadav @ Rambhajju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 813 of 2018 Arising Out of PS.Case No. -310 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Rambhaju Yadav @ Rambhajju Yadav S/o Preman Yadav R/o Vill. Rewada, P.S. Barachatti, Dist. Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Ajay Kumar Sharma, Advocate For the S t a t e : Mr Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Section 414, Indian Penal Code, Sections 25, 26, 35 of Arms Act read with Section 17 of CLA Act.

Though large numbers of cases are mentioned to be pending against the petitioner but in some cases, he has been granted bail and in others, he is still in custody. In the instant case, it is submitted by the petitioner, that his name has surfaced merely on the basis of statement given by the persons who were apprehended with arms alleging that they are all members of the extremist organization. He has neither been apprehended on the spot nor has any incriminating article been recovered from his possession. He submits that he has no concern with the said

Patna High Court Cr.Misc. No.813 of 2018 (2) dt.12-01-2018 2/2 organization and the accused persons apprehended with arms have been allowed bail by this Court in Cr Misc No 54349 of 2016 and Cr Misc No 4442 of 2017 (Annexure 2 series). He is in custody in connection with this case since 25.11.2016.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sherghati, Gaya in Sherghati Police Station Case No 310 of 2016 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T