Jagdish Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28510 of 2020 Arising Out of PS. Case No.-87 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Jagdish Pandit, aged about 40 yrs. (Male) S/o Horil Pandit, Resident of Village - Dighbara, P.S. - Chakusha, Dist. - Hazaribagh, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma , Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-01-2021 Heard Mr. Sanjay Kumar Sharma, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with Khaira P.S. Case No. 87 of 2018 registered for the offence under Sections 302 / 34 of the I.P.C. , Section 27 of the Arms Act and Sections 16, 17, 18, 19, 20, 21, 22 of the U.A.P. Act. The allegation as per the First Information Report is that the Police found a dead body of one Dinesh Yadav which was lying by the road side and two pamphlets were also found by the Police left by the Naxalite group stating therein that they have taken revenge of arrest of one Suraj Yadav and the deceased have been given the death sentence by the "Jan Adalat" and 09 persons are named in the First Information

Patna High Court CR. MISC. No.28510 of 2020(4) dt.11-01-2021 2/3 Report.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he is having no criminal antecedent. Learned counsel further submits that the name of the petitioner has transpired on the basis of confessional statement of the co-accused / Sakindar Yadav and no incriminating material and / or Naxalite literature has been recovered from the possession of the petitioner. Learned counsel further submits that the co-accused on whose confessional statement petitioner has been implicated in this case namely, Sakindar Yadav has been granted bail by this court in Cr. Misc. No. 29287 of 2018 (Annexure - "2/1"). Learned counsel further submits that similarly situated accused person Rakesh Marandi has also been granted bail by this court vide Cr. Misc. No. 16093 of 2019 ( Annexure - "2/2").

Having regard to the submissions made by the parties and taking into consideration the materials available on record and the fact that similarly situated accused persons have been granted bail, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.28510 of 2020(4) dt.11-01-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Jamui / court concerned in connection with Khaira P.S. Case No. 87 of 2018. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T