Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58463 of 2018 Arising Out of P.S.Case No. -40 Year- 2015 Thana -SONO District- JAMUI ====================================================== Raju Yadav S/o Bijo Yadav, R/o Vill.- Bisanpur, P.S.- Sono (Charkapather), District- Jamui at parmanent Address Vill.- Ramnitand , P.O.- Bhelwaghati, P.S.- Bhelwaghati, District- Giridih, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-10-2018 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner is in custody in connection with Sono (Charkapather) P.S.Case No.40 of 2015 registered for an offence under Sections 147, 148, 149, 121(A) of the IPC and Sections 3 and 4 of Explosive Substance Act and Sections 16, 17, 18, 19, 20, 21 and 22 of the UAP Act.

As per FIR, the police party got information that 13 miscreants assembled to commit crime and when they went to the place of occurrence, the said miscreants succeeded in escape. It has been submitted that the petitioner has been made accused merely on suspicion. On search, the police party

Patna High Court Cr.Misc. No.58463 of 2018 (3) dt.06-10-2018 2/2 recovered incriminating materials from a cave of hill. Nothing has been recovered from the possession of the petitioner and there is no eye witness to the alleged occurrence. The petitioner is in custody since 30.05.2018. The charge sheet has already been submitted in the case.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of ACJM-Jamui in connection with Sono (Charkapather) P.S.Case No.40 of 2015 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T