Sanoj Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39805 of 2018 Arising Out of PS. Case No.-123 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== Sanoj Saw Son of Ram Ratan Saw Resident of Village- Batura, Police Station- Kasma, District- Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Tej Narayan Singh, Adv.

For the Opposite Party :

Mr. Shailendra Kumar -1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Madanpur P.S. Case No. 123 of 2014 registered for the offences punishable under Section 124(A) of the Indian Penal Code, under Section 3/4 of Explosive Substance Act, under Sections 25(1B)26/35 of the Arms Act and Section 17 of C.L.A. Act.

Informant who is a police officer has stated in his written complaint that he received a secret information that some extremist have assembled and planning some illegal act. On said information he along with other police personnels reached there and recovered large number of explosive materials and live cartridges of AK-47 rifle concealed in stone-chips.

Patna High Court Cr.Misc. No.39805 of 2018(3) dt.14-09-2018 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. He has no connection with any extremist group. It has been further submitted that similarly placed co-accused Ram Pravesh Yadav has been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 44480 of 2018 vide order dated 10.08.2018. He is in custody since 23.12.2017. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judges-3rd, Aurangabad in connection with Madanpur P.S. Case No. 123 of 2014, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner should co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and valid reason trial court shall have liberty to

Patna High Court Cr.Misc. No.39805 of 2018(3) dt.14-09-2018 3/3 cancel their bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/manoj U T