Pankaj Kumar Yadav @ Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36629 of 2019 Arising Out of PS. Case No.-28 Year-2016 Thana- KAJRA District- Lakhisarai ====================================================== PANKAJ KUMAR YADAV @ PANKAJ YADAV Son of Bhuna Yadav @ Bhuneshwar Yadav @ Mannu Yadav Resident of Village- Maheshpur, P.S.- Piri Bazar, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kajra P.S. Case No. 28/2016, instituted for offence under Section(s) 147, 148, 149, 121, 121(A), 122(A), 307, 353 of the Indian Penal Code read with Section 27 of Arms Act and Section 10, 13, 16, 18, 20 and 23 of UAP Act.

Learned counsel for petitioner has submitted that petitioner was not apprehended on the spot. He was not present at the place of occurrence. His name has been taken by some Naxals while they were fleeing away.

It is alleged in the written report that on the date of occurrence firing and counter firing was made between the

Patna High Court CR. MISC. No.36629 of 2019(4) dt.13-08-2019 2/2 police party and the Naxalites. It is alleged that on making counter firing by the police party, Naxalites started running away by raising slogan. They were taking name of this petitioner and other accused persons.

In this manner, there is no allegation of specific overt act against this petitioner.

Petitioner is in custody since 21.02.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Chief Judicial Magistrate, Lakhisarai, in connection with Kajra P.S. Case No. 28/2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T