Bhardul Yadav @ Bhardul Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32721 of 2020 Arising Out of PS. Case No.-25 Year-2007 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== BHARDUL YADAV @ BHARDUL PASWAN S/o Sri Govind Yadav R/o village- Belduriyan, P.S.- Nauhatta (Chutiya), Distt.- Rohtas ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Ms. Meena Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-01-2021 Heard Mr. Dharmendra Kumar Singh, learned counsel for the petitioner and Ms. Meena Singh, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Adhaura P.S. Case No. 25 of 2007 registered for the offences punishable under Section 17 of Criminal Law Amendment Act, Sections 5(1-B)A and 4 of Explosive Substance Act. The allegation as per the First Information Report is that co-accused Sanjeet Sah being the member of Naxalite group, surrendered before the Police with arms and ammunition and in his confessional statement he revealed the name of the petitioner and others to be the active members of the said Naxalite group and on the basis of the said confessional statement, the present case being Adhaura P.S. Case No. 25 of
Patna High Court CR. MISC. No.32721 of 2020(3) dt.19-01-2021 2/3 2007 has been registered.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of alleged confessional statement made by the co-accused Sanjeet Sah. Learned counsel further submits that no incriminating material and/or firearm has been recovered from possession of the petitioner. Learned counsel also submits that the petitioner is in custody since 16.05.2020 and there was one case registered against the petitioner earlier which is of the year 2002 bearing Adhaura P.S. Case No. 15 of 2002.
Having heard learned counsel for the parties and taking into consideration the materials on record, the nature of allegation and the fact that no incriminating material and/or firearm has been recovered from possession of the petitioner as well as the petitioner has remained in custody since 16.05.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular 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, Kaimur at Bhabua, in connection with Adhaura P.S. Case No. 25 of 2007. It is made clear that at the time of furnishing bail
Patna High Court CR. MISC. No.32721 of 2020(3) dt.19-01-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T