Laxman Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.29022 of 2016 (3) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29022 of 2016 Arising Out of PS.Case No. -80 Year- 2013 Thana -PARAIYA District- GAYA ====================================================== Laxman Yadav son of Sri Bhondu Yadav, resident of Village Khaira, P.S. Konch, District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Manisha Prakash, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 342, 427, 436, 504, 506 of the I.P.C. as well as Section 27 of the Arms Act and Sections 3 & 4 of the Explosive Substance Act and Section 17 of the C.L.A. Act.

The informant Satish Kumar lodged a case against 5060 unknown persons for blowing railway track and burning other properties of the railway.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.4.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.29022 of 2016 (3) dt.01-09-2016 petitioner is not named in the F.I.R. The petitioner has been named in the present case on the basis of confessional statement of co-accused. He has not been put on Test Identification Parade. The other co-accused has been granted bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI, Gaya in connection with S.T. No.81 of 2015/ 412 of 2015 arising out of Paraiya P.S. case No.80 of 2013. (Sudhir Singh, J) Narendra/- U T