Sidhnath Yadav @ Sidhnath @ Vikash Yadav @ Vikash @ Vikash Jee v. The State Of Bihar

Patna High Court Cr.Misc. No.17935 of 2016 (3) dt.24-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17935 of 2016 Arising Out of PS.Case No. -117 Year- 2014 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Sidhnath Yadav @ Sidhnath @ Vikash Yadav @ Vikash @ Vikash Jee son of Late Shalik Yadav resident of village Narayanpur, P.S. Goh (Bandeya), District Aurangabad..... .... Petitioner

Versus

1. The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rafiganj P.S. Case No. 117 of 2014 registered for the offences punishable under Sections 307, 427, 124A of the Indian Penal Code, Sections 3 / 4 of Explosive Substance Act, Sections 150/152 of the Railway Act and Section 17 of C.L.A. Act.

Allegedly, after exploding bomb the railway line was damaged and further over head electric were was also damaged and the informant claimed to identify the petitioner and other extremist in committing the crime.

Submission is of false implication and that the petitioner is being implicated in one case after another, the alleged identification made by the informant appears not probable and

Patna High Court Cr.Misc. No.17935 of 2016 (3) dt.24-06-2016 reliable, the statement of some of the witnesses are also not reliable and further confessional statement of the petitioner recorded by Police forcibly has got no evidentiary value in the eye of law and without any fault the petitioner is suffering in custody since 07.12.2015.

Learned APP submits that chargesheet has been submitted against the petitioner and he has got criminal antecedent.

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 Railway Judicial Magistrate, Gaya in connection with Rafiganj P.S. Case No. 117 of 2014, 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. avin/- (Jitendra Mohan Sharma, J) U T