Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34694 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- LUTUA District- Gaya ====================================================== Surendra Yadav Son of Late Ram Lakhan Yadav Resident of Village - Sondaha, P.S.- Bankey Bazar, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Lutua P.S. Case No. 01 of 2019, registered for the offences punishable under Sections 302, 307, 353, 325, 120(B), 121, 122, 124(A), 147, 148, 149 of the Indian Penal Code, section 27 of the Arms Act and sections 16, 17, 18, 18(A), 18(B) and 20 of the Unlawful Activities Protection Act and section 3/4/5 of Explosives Act. Prosecution case is that on 11.02.2019, the S.H.O Rafiganj P.S. got a confidential information that some group of Maoist are marching in the Forest of Chhakarbandha for big incident and on some day after constituting raiding parties proceeded to apprehend them and during the campaign on 13.02.2019 they recovered I.E.D at village Jhajh and as soon as they reached Asurain village towards hilly area, naxals started

Patna High Court CR. MISC. No.34694 of 2019(3) dt.28-08-2019 2/2 firing upon them to make loot of the ammunition of forces so there was exchange of firing and there explosive have been covered under the earth and on blast one Raushan Kumar died and other forces got injury on their person.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case. Nothing has been recovered from possession of the petitioner. Petitioner is an elected member of PACS. Charge-sheet has already been submitted. Petitioner has been remanded in judicial custody since 13.03.2019 and since then he is rotting in jail. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Lutua P.S. Case No. 01 of 2019.

(Prabhat Kumar Singh, J) vinita/- U T