Pawan Yadav @ Pawan Kr. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31553 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- BAUNSI District- Banka ====================================================== Pawan Yadav @ Pawan Kumar Yadav, aged 27 years, Male Son of Chandrakant Yadav, Resident of Village- Bishanpur, P.S.- Bounsi, DistrictBanka. ... ... 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. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 04-01-2022 The applicant/accused in Crime No. 156 of 2020 registered with Bounsi Police Station for the offences punishable under Sections 3, 4, 5 of the Explosive Substance Act by this application is seeking his release on bail during pendency of the trial.

Heard both sides.

The FIR of the crime in question is registered at the instance of police sub-inspector Rajesh Kumar Yadav. The first informant got information regarding explosion of a bomb at the house of Om Prakash Yadav. He visited the spot and found that there was explosion of bomb which was kept concealed under the floor of the house. Om Prakash Yadav is stated to have confessed before the first informant that two bombs were kept

Patna High Court CR. MISC. No.31553 of 2021(2) dt.04-01-2022 2/3 concealed under the floor of the house because of such enmity with the villagers. In the first information report, it is averred that the said Om Prakash Yadav has stated to the police that his brother Pawan Kumar @ Pawan Kumar Yadav i.e., the present applicant was also knowing about the concealment of the bomb in the house.

Investigation of the crime in question is over. Main accused Om Prakash Yadav is already directed to be released on bail by a co-ordinate Bench of this Court by order dated 19.03.2021 in Cr. Misc. No. 2158 of 2021, therefore the order. The application is allowed.

The applicant/accused in Crime No. 156 of 2020 registered with Bounsi Police Station for the offence punishable under Sections 3, 4, 5 of the Explosive Substance Act be released on bail on executing P.R. bond of Rs. 25,000/- (Twenty Five Thousand) on furnishing two sureties of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail

Patna High Court CR. MISC. No.31553 of 2021(2) dt.04-01-2022 3/3 court in expeditious disposal of the trial against him. (III) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case. The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Anand Kr.

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