Rabindra Yadav @ Rajendra Yadav @ Banda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35199 of 2019 Arising Out of PS. Case No.-102 Year-2010 Thana- BARACHATTI District- Gaya ====================================================== Rabindra Yadav @ Rajendra Yadav @ Banda, Son of Shivan Yadav @ Siban Yadav, Resident of Village- Hahesari, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajni Kant Jha For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.03.2019 in a case registered for the offences punishable under Sections 147, 148, 149, 307, 452, 427, 436, 380 of the Indian Penal Code, Sections 3/4/5 of Explosive Substances Act, Section 17 of Criminal Law Amendment Act and Sections 16, 18, 20 of Unlawful Activities (Prevention) Act, 1967. It is alleged that the informant's house was robbed of by 21 FIR named accused persons and they also hurled explosives on the house of the informant.

It is submitted by learned counsel for the petitioner that the accusation is not specific against the petitioner and similarly situated co-accused persons have been granted bail

Patna High Court CR. MISC. No.35199 of 2019(2) dt.29-05-2019 2/2 vide orders dated 05.05.2011, 27.09.2011, 12.07.2013, 01.11.2013 and 01.10.2018 passed in Cr. Misc. Nos. 8516 of 2011, 30982 of 2011, 7517 of 2013, 34811 of 2013 and 60808 of 2018 respectively by Co-ordinate Benches of this Court.. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the accusation is specific against the petitioner.

Considering the nature of accusation being omnibus and general and other similarly situated co-accused persons have been granted bail, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 S.D.J.M., Sherghati, Gaya in connection with Barachatti P.S. Case No. 102 of 2010.

(Dinesh Kumar Singh, J) DKS/- U T