Ramdeo @ Baba @ Ramdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11795 of 2016 Arising Out of PS.Case No. -174 Year- 2011 Thana -SHERGHATI District- GAYA ====================================================== Ramdeo @ Baba @ Ramdeo Yadav, Son of late Heera Yadav, Resident of Village - Khargadha, P. S. - Rajpur, District-Chatra (Jharkhand). .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.
The petitioner seeks bail in connection with Sherghati (Dobhi) P.S. Case No. 174 of 2011 registered for the offences punishable under Sections 427 and 435/34 of the Indian Penal Code, Section 17 C.L.A. Act, Sections 16, 18, 19, 20 Unlawful Activities Act and Section 3/4/5 Explosives Substance Act.
Allegedly, towers of Airtel and Vodafone were exploded and on enquiry from the villagers, it revealed that the petitioner and other co-accused being area commander along with 20 to 25 miscreants were seen moving near the village. Submission is of false implication and that besides criminal antecedents of the petitioner, there is no other material
Patna High Court Cr.Misc. No.11795 of 2016 (3) dt.03-05-2016 2/2 against him. During investigation, no villager has come forward to say that they saw the petitioner moving near the village and without any legal and tangible material, charge sheet has been submitted against the petitioner resulting the petitioner is suffering in custody since 11.12.2015. Nothing has been recovered from the possession of the petitioner.
Learned A.P.P opposes the prayer of the bail by submitting that the petitioner is involved in four more cases. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati (Gaya) in connection with Sherghati (Dobhi) P.S. Case No. 174 of 2011, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Mishra/- U T