Vijay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22333 of 2022 Arising Out of PS. Case No.-369 Year-2021 Thana- SONO District- Jamui ====================================================== Vijay Yadav Son Of Late Rijhan Yadav R/O Village- Bhalgori, P.S.- Jhajha, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyanka Singh, Advocate.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-09-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sono P. S. Case No. 369 of 2021 lodged under Sections 121A, 122, 123, 120B of the Indian Penal Code read with Sections 13, 16, 17, 18, 18A, 19, 20 & 39 of the UAP Act.
As per the allegation made in the F.I.R., there are 3 named accused persons in the F.I.R.. The alleged recovery of the articles used to take place from the house of accused no.1, Shobha Kant, who is also sympathizer of the Naxali organization and from his Mobile different numbers, from his pocket ATM cards of different banks, PAN cards, AADHAR
Patna High Court CR. MISC. No.22333 of 2022(3) dt.08-09-2022 2/3 cards for the purpose of fund transfer receipts etc. were recovered. It has also come in the F.I.R. that he was providing treatment to Naxali since long. The said accused Shobha Kant also accepted in the F.I.R. that they are providing their service in transfer of funds and planning of explosion of bridge. Accused no.1 Shobha Kant, who discloses the name of 3 persons including the present petitioner.
Learned counsel for the petitioner submits that nothing was recovered from the possession of the petitioner. He further submits that petitioner has not been apprehended from the place of occurrence and his name has come in this case by virtue of confessional statement of the co-accused. He further submits that petitioner is in custody since 08.01.2022 and charge sheet has already been filed in this case. On the point of his criminal antecedents, learned counsel for the petitioner submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. He further submits that as per the information received by him, petitioner is on bail in other cases. Learned counsel for the State opposes the prayer for bail and after going through the case diary he submits that there are confessional statement of the co-accused Shobha Kant as well as the confessional statement of the present petitioner
Patna High Court CR. MISC. No.22333 of 2022(3) dt.08-09-2022 3/3 himself about their involvement in different types of Naxal activities. He also submits about the criminal antecedent of petitioner.
In the present facts and circumstances of the case and the submissions made above, I am not inclined grant bail to the petitioner at present, but Lower Court is directed to release the petitioner on bail after framing of charge imposing conditions so that he shall not evade his appearance during trial. With this observation, the present bail application is hereby rejected.
(Dr. Anshuman, J.) ravishankar/- U T