Raju Yadav @ Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.501 of 2017 Arising Out of PS.Case No. -122 Year- 2016 Thana -JHAJHA District- JAMUI ======================================================

1. Raju Yadav @ Raju, Son of Nago Yadav @ Nageshwar Yadav, resident of Village - Sabejore, Police Station - Jhajha, District - Jamui .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 04.07.2016 in connection with Jhajha P. S. Case No. 122 of 2016 registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and 25 (1-b)a/26/35 of the Arms Act. The prosecution case is that on 03.07.2016 on receiving secret information about assemblage of some criminals near Chhena More for committing kidnapping or robbery, the police party raided there and after seeing the police party, the criminals started to flee away but police could succeed to arrest some criminals, who disclosed their name and after search a country made pistol and a live cartridge were recovered from the possession of the petitioner.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.501 of 2017 (2) dt.16-01-2017 2/2 aforesaid case. In fact, the allegation made against him is false and concocted and charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the facts and circumstances of the case , let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S.Case No. 122 of 2016 on the condition that the petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear in the learned Court below as and when required.

With these observations and directions, this bail application is allowed.

(Nilu Agrawal, J) Sudha/- U T