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Patna High CourtCR. MISC./4736/2017bail granted

Pappu Yadav @ Pappu Kumar Yadav @ ANR v. The State Of Bihar

2017-03-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4736 of 2017 Arising Out of PS.Case No. -449 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. PAPPU YADAV @ PAPPU KUMAR YADAV, Son of Sinho Yadav,

2. Gurudayal Yadav, Son of Sinho Yadav, Both resident of VillageSimrakura, Police Station-Banka, District-Banka. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 3/4/5 of the Explosive Substance Act.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that they have been implicated in this case because of land dispute. Nobody has seen the occurrence. Only because there is apprehension that they were preparing bomb, they have been made accused in the present case. Except that there is nothing against the petitioners. Case diary was called for and there is also nothing against the petitioners.

Heard learned A.P.P. also. He could not controvert the fact.

Having heard both sides, in view of the fact that there is land dispute between the parties and except suspicion nothing has been found against the petitioners, let above named petitioners, in the event of arrest or surrender within a period of six weeks

Patna High Court Cr.Misc. No.4736 of 2017 (3) dt.02-03-2017 2/2 from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twentyfive thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case no. 449 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the conditions that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the investigation and make themselves available before the police as and when required. (3) if after submission of chargesheet any incriminating material is found against the petitioner, prosecution will be at liberty to move for cancellation of bail granted to the petitioners.

With the aforesaid observation the present case stands disposed of.

(Vinod Kumar Sinha, J) sudip/- U T