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Patna High CourtCR. MISC./55004/2018bail granted

Krishna Singh @ Advani v. The State Of Bihar

2018-12-04Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55004 of 2018 Arising Out of PS. Case No.-27 Year-2012 Thana- DHIBRA District- Aurangabad ====================================================== Krishna Singh @ Advani S/o late Chanderdeo Singh R/o Village- Khaira, P.S. Dhibra, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-12-2018 Heard the parties.

The petitioner seeks regular bail in connection with Dhibra P.S.Case no.27 of 2012 registered for offences punishable under Sections 147, 148, 149, 307, 332, 333, 353, 427 of the Indian Penal Code and Section 27 of the Arms Act and Sections 3/ 4 of the Explosive Substance Act and Section 17 CLA Act.

Allegation as per FIR is that while the police was on patrolling and reached near Banua More, a bomb was exploded causing injury to the police personnel and it is alleged that they have seen 60-70 persons and the police party also made firing and the extremists who were large in number succeeded in fleeing away. The petitioner is not named in the FIR.

Patna High Court Cr.Misc. No.55004 of 2018(3) dt.04-12-2018 2/3 Submission of the learned counsel for the petitioner is that on the day of occurrence i.e. on 15.11.2012 he was in custody in connection with another case i.e. Deo P.S.Case No.120 of 2009 and other cases and he was released on 5.6.2014 and thereafter he was arrested in connection with this case and since 21.6.2018 he is in custody. It is further submitted that though he is accused in six other cases and in this case he has been made accused only on the basis of confessional statement and the co-accused Amrendra Kumar Yadav has been granted bail by a Co-ordinate Bench of this Court, vide order dated 101.2.2014 passed in Cr. Misc. no.44696 of 2014 and Abhay Yadav has also been granted bail by a Co-ordinate Bench of this Court, vide order dated 1.8.2017 passed in Cr. Misc. No.27554 of 2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Dhibra P.S.Case no.27 of 2012 with condtiont hat one of the bailors must be his close relative having sufficient

Patna High Court Cr.Misc. No.55004 of 2018(3) dt.04-12-2018 3/3 property within the jurisdiction of the court and further condition that he has to appear before the court concerned as and when required by this court, otherwise his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T