Ravindra Yadav @ Ravindra Prasad @ Doctor v. The State Of Bihar

Patna High Court Cr.Misc. No.172 of 2016 (5) dt.26-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.172 of 2016 Arising Out of PS.Case No. -291 Year- 2013 Thana -JAHANABAD District- JEHANABAD ====================================================== Ravindra Yadav @ Ravindra Prasad @ Doctor, son of Chhotan Yadav, resident of Village- Kajiyana, P.S.- Paras Bigha, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jehanabad P.S. Case No. 291 of 2013 registered for the offences punishable under Sections 385, 121(A), 122/34 of the Indian Penal Code and Sections 16, 18, 20 and 21 of Unlawful Activities Act, 1967. Allegedly, the informant and other police personnel recovered pamphlet full of threat and having anti government literature affixed at the shop of Vijay Mochi and during enquiry it reveals that the petitioner and other co-accused went there and affixed the pamphlet.

Submission is of false implication and that no one has seen the petitioner affixing the pamphlet, the police officials are the witnesses, there is no legal and tangible material against the

Patna High Court Cr.Misc. No.172 of 2016 (5) dt.26-02-2016 petitioner and he has been remanded in this case on 27.07.2015 and since then he is in custody. The petitioner has also been made accused in other four cases due to high handedness of the police. The learned A.P.P. opposes the prayer of bail by submitting that the petitioner is named in the First Information Report but fairly submits that no pamphlet was recovered from possession of the petitioner.

In the facts and circumstances stated above, considering the detention of the petitioner, now he 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 Addl. Sessions Judge-II, Jehanabad in connection with Jehanabad P.S. Case No. 291 of 2013 subject to the conditions that one of the bailors must be 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) sushma/- U T