Ram Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70321 of 2018 Arising Out of PS. Case No.-1 Year-2016 Thana- DHIBRA District- Aurangabad ====================================================== Ram Pravesh Yadav, Son of Late Rajeshwar Yadav, Resident of Village-Raja Bigha, Police Station-Salaiya, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-12-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Dhibara P.S. Case No. 01/2016, instituted for offences under Sections 147, 148, 149, 326, 307, 353, 414, 386, 121A, 122, 124(A) of the Indian Penal Code read with Section 12 of POCSO Act read with Sections 15(1-A), 25(1-AA), 26, 27 and 35 of Arms Act, Sections 3, 4 and 5 of Explosive Substance Act and Sections 38, 39 and 40 of U.A.P. Act and Section 17 of CLA Act.

Learned counsel for the petitioner has submitted that petitioner is named in the written report merely on suspicion. It is alleged in the written report that on getting confidential information that some miscreants have assembled for committing crime, in which petitioner was said to

Patna High Court Cr.Misc. No.70321 of 2018(2) dt.03-12-2018 2/3 be also present, the informant proceeded with other police official to the place of occurrence. Seeing the police party accused persons started firing in which one Kobara Hawaldar sustained injury. It is further alleged that police party also made counter firing on account of which three miscreants died. Police searched the place of occurrence from where cartridges of A.K.- 47 rifle, mobile moist poster, Walki-Talki and three dead bodies of miscreants were recovered.

In this manner, mere suspicion has been raised against this petitioner.

Petitioner is in custody since 27.01.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let 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 the learned C.J.M., Aurangabad in connection with Dhibara P.S. Case No. 01/2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T

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