Sachindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37745 of 2023 Arising Out of PS. Case No.-357 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== SACHINDRA KUMAR YADAV SON OF PHAKIRA YADAV RESIDENT OF VILLAGE - BASATPUR, WARD NO.8, POLICE STATION - SRINAGAR, DISTRICT - SARLAHI (NEPAL) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Madhubala Verma For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 324 and 307 of the Indian Penal Code and Section 3/4 of the Explosive Substances Act, registered in connection with Sonbarsa P.S.Case No. 357 of 2021.

As per allegation, three minor daughters, one of them informant's daughter, were playing near a heap of straw where an explosion took place. It is alleged that it was the petitioner and his associates who had concealed that explosive substance near the heap of straw.

Patna High Court CR. MISC. No.37745 of 2023(2) dt.03-07-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent. There is nothing against him in the entire investigation and on exactly similar footing coaccused Pramod Kumar Sah @ Doctor Saheb has been granted bail by a coordinate Bench of this Court in Cr.Misc.No. 59140 of 2022. She has submitted further that the petitioner was arrested in Sonbarsa P.S.Case No. 561 of 2021 and thereafter he was remanded in seven cases lodged in the same year i.e. in 2021. Before or after 2021, there is no case against the petitioner.

Considering the above facts and circumstances, 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S.Case No. 357 of 2021, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available on each and every date fixed at the trial till framing of charges, and if he fails to appear on two consecutive dates without any reason or unavoidable circumstances, the court below shall be at liberty to cancel his bail bond.

2. If the petitioner is found involved in future

Patna High Court CR. MISC. No.37745 of 2023(2) dt.03-07-2023 3/3 in the similar type of offence, his bail bond shall be liable to be cancelled.

(Nawneet Kumar Pandey, J) HR/- U T