Patna High CourtCR. MISC./33910/2021bail granted

Chhotu Yadav v. The State Of Bihar

2021-12-01Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33910 of 2021 Arising Out of PS. Case No.-218 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== CHHOTU YADAV SON OF YUGAL PRASAD YADAV Resident of Village - Uper Gangti, P.S.- Mojahidpur (Babarganj), Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Mojahidpur (Babarganj) P.S. Case no. 218 of 2019 registered for the offence punishable under sections 385, 387, 506/34 of the Indian Penal Code read with sections 3, 4 and 5 of the Explosive Substance Act.

Learned counsel for the petitioner submits that petitioner is in custody since 04.08.2019 and charge sheet has been submitted in this case. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant SHO, Babarganj OP alleged that on 3.8.2019 at 17.30 p.m., he received secret information for movement of miscreants near Aliganj Chowk

Patna High Court CR. MISC. No.33910 of 2021(2) dt.01-12-2021 2/2 and when the police reached there petitioner was apprehend and on search one box containing explosive alleged to have been recovered from possession of the petitioner. Learned counsel submits that nothing has been recovered from his possession and seizure list was prepared prior to institution of FIR. Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody since 04.08.2019, charge sheet has been submitted, the petitioner is directed to 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 the Chief Judicial Magistrate, Bhagalpur in Mojahidpur (Babarganj) P.S. Case no. 218 of 2019.

(Satyavrat Verma, J) s.hassan/- U T