Govind Yadav @ Abhay Yadav @ Abhay Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21844 of 2019 Arising Out of PS. Case No.-10 Year-2014 Thana- SALAIYA District- Aurangabad ====================================================== Govind Yadav @ Abhay Yadav @ Abhay Jee Son of Kuldeep Yadav Resident of Village - Banmanjhauli, P.S.- Dhibra, Distt - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 341, 307, 353, 124(A) of the Indian Penal Code, 25(1-B)A, 26, 35 of the Arms Act, 17 CLA Act and 3⁄4 of Explosive Substances Act.

The prosecution case in short is that while the informant along with police personnel reached at Chalho Pahar and started search of Maoist, the accused persons started firing. Counter firing was also made.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 13-09-2018. Charge sheet has already been submitted. The petitioner is not named in

Patna High Court CR. MISC. No.21844 of 2019(5) dt.09-07-2019 2/2 the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioner in the present case. The other co-accused with similar allegation have been granted bail by coordinate benches of this court vide Annexure-2 series of this application.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Salaiya P.S. Case No. 10 of 2014.

(Sudhir Singh, J) A.K.V.//- U T