Janki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51086 of 2015 Arising Out of PS.Case No. -87 Year- 2013 Thana -SONO District- JAMUI ====================================================== Janki Yadav son of Lakhan Yadav, resident of village -Dudhaniya, PS-Sona Charkapather, District-Jamui.

..... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, petitioner is seeking bail in connection with Sono (Charkapather) Case No. 87 of 2013 registered for offences under sections 147, 148, 149, 427, 353, 121A of the Indian Penal Code and 3, 4 of the Explosive Substance Act and 16, 17, 18, 19, 20, 21 and 22 of the UAP Act. Allegation has been made that some accused persons came and exploded the school building. The name of the petitioner has been mentioned in the first information report as the accused person.

The counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner, so much so, there is no specific allegation against him, save and except

Patna High Court Cr.Misc. No.51086 of 2015 (2) dt.10-11-2015 2/2 omnibus allegation. Another similarly situated person, namely, Ravi Yadav has already been granted bail by this Court in Cr. Misc. No. 18142 of 2015. The petitioner is in custody since 27/8/2015.

Looking to the material on record, let the petitioner, above named, be released on bail in 1st week of December, 2015 on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of District and Sessions Judge, Jamui in connection with Sono (Charkapather) Case No. 87 of 2013, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T