Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8439 of 2017 Arising Out of PS.Case No. -52 Year- 2011 Thana -TANDWA District- AURANGABAD ====================================================== Sanjay Yadav Son of Birta Yadav @ Birta Yadav, r/o Village Bel Bigha, P.S. - Mali, District - Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 143, 149, 307, 427 of the Indian Penal Code, 3/4 of Explosive Substance Act & 17 C.L.A. Act.

The prosecution case, in brief, is that while the informant was on his duty, he heard sound of explosion. Thereafter the police went there but no one was found. The villagers disclosed that 5-7 extremists had exploded bomb and fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.08.2016. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.8439 of 2017 (2) dt.10-03-2017 2/2 petitioner has falsely been implicated in the present case. He has been made accused on the basis of confessional statement of the co-accused. There is no other substantive evidence to suggest his implication in the present case. The other co-accused has been granted bail vide Annexures-2 and 3 to the present application. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid 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 the learned C.J.M., Aurangabad in connection with S. Tr. No. 157B/14/182/16, arising out of Tandwa P.S. Case No. 52 of 2011.

(Sudhir Singh, J) Amit/- U T