Shubhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51739 of 2016 Arising Out of PS.Case No. -125 Year- 2013 Thana -RAFIGANJ District- AURANGABAD ====================================================== SHUBHASH YADAV SON OF SITA RAM YADAV, R/O VILL.- KAJI BIGHA, P.S.- GOH, DIST.- AURANGABAD (BIHAR).

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== ORAL ORDER CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI 10-02-2017 Petitioner is directed to correct paragraph-1 as well as prayer.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

As the member of extremist group failed to procure levy from the owner of the informant, a driver they being armed raided the site and put the dumper as well as machine on fire. From perusal of the case diary, it is evident that police failed to procure substantial evidence but to justify detention of the petitioner and others, as is evident from para-70, co-accused Surendra Mehta was arrested in connection with Khudwa P.S. Case No.54 of 2013 wherein he made inculpatory confessional statement admitting his presence during course of commission of present occurrence along with others including the petitioner and on the basis thereof, petitioner has been remanded in this case. Though, petitioner has been identified to be member of an extremist group and on account thereof paragraph 3 of the bail petition indicates presence of criminal antecedent, but in the aforesaid facts and circumstances of the case, petitioner Subhash Yadav is directed to be released on bail

Patna High Court Cr.Misc. No.51739 of 2016 (3) dt.10-02-2017 on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge, VIIth, Aurangabad in connection with Rafiganj P.S. Case No. 125/2013.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T