Patna High CourtCR. MISC./11152/2017bail granted

Binod Yadav @ Nagender Yadav v. The State Of Bihar

2017-03-10Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.11152 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11152 of 2017 Arising Out of PS.Case No. -20 Year- 2013 Thana -DUMARIYA District- GAYA ====================================================== Binod Yadav @ Nagender Yadav, son of Bhola Yadav, resident of VillageBarha, P.S.- Dumaria, Dist- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. S. Jamil Akhtar, Adv. For the Opposite Party/s : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2017 Heard both sides.

The petitioner seeks bail in Dumariya P.S. Case No. 20/2013, registered for the offences punishable under Sections 307, 353 and other sections of the Indian Penal Code, Section 27 of the Arms Act, Sections 10, 11, 13(i), 13(ii) U.A.P. Act and Section of C.L.A. Act.

Learned counsel for the petitioner submits that encounter was held between the police and Maoists. The Informant S.H.O. of Dumariya P.S. named 14 persons in the F.I.R., but did not name the petitioner. There is absolutely no evidence against the petitioner. Save and except the fact that name of the petitioner figured in the case in the statement of some of the villagers. Learned Additional Sessions Judge, Gaya has wrongly stated in

Patna High Court Cr.Misc. No.11152 of 2017 (2) dt.10-03-2017 the impugned order that the petitioner is named in the F.I.R. The petitioner is in jail since 14.09.2016. The petitioner has already remained in jail for more than six months.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Dumariya .S. Case No. 20/13.

(Prabhat Kumar Jha, J.) Vinita/- U T