Patna High CourtCR. MISC./46283/2014bail granted

Dara Bhuiyan @ Dara Bhuian v. The State Of Bihar

2015-02-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46283 of 2014 Arising Out of PS.Case No. -12 Year- 2009 Thana -AMBA District- AURANGABAD ====================================================== Dara Bhuiyan @ Dara Bhuian Son of Late Keshav Bhuiya, Resident of Village - Golha, Police Station - Dibra, Dist.-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Purushotam Sharma For the Opposite Party/s : Mr. R.B.Rai Raman(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody since 17.6.2014 in Amba P.S. Case No.12 of 2009 for the offences under Sections 147, 148, 149, 427, 121(A) of the I.P.C., 3⁄4 of Explosive Substance Act and 17 of C.L.A.Act.

The allegation against this petitioner is that he had participated in blasting Airtel tower in Niranjanpur along with other accused persons. The petitioner has been remanded on self statement made before the police.It is further submitted that other similarly situated persons have already been extended the privilege of bail in connection with the same case. It is submitted that one Vikash Yadav @ Ramswaroop Yadav had been granted

Patna High Court Cr.Misc. No.46283 of 2014 (3) dt.16-02-2015 2/2 bail vide order dated 13.9.2012 passed in Cr.Misc. No.32436 of 2012. Similarly situated co-accused Ramashish Yadav had also been granted bail by a coordinate Bench of this Court vide order dated 8.2.2010 passed in Cr.Misc.No.2756 of 2010. Considering the aforementioned submissions and also the fact that the petitioner's name has surfaced on the basis of confessional statement made before the police which is not admissible in law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad, in Amba P.S. Case No.12 of 2009 corresponding to G.R.No.162 of 2009.

(Anjana Mishra, J) AnilKrSinha/- U T