Nagdeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56125 of 2021 Arising Out of PS. Case No.-12 Year-2009 Thana- AMBA District- Aurangabad ====================================================== Nagdeo Ram S/O Late Marachhu Ravidash R/O Village- Madhu Bigha, P.S.- Dhibra, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered in connection with Amba P.S.Case No. 12 of 2009 for the offences punishable under Sections 147,148,149,427,121A of the Indian Penal Code and section 3⁄4 of Explosive Substance Act and section 17 of the CLA Act.

As per prosecution case, various extremists including this petitioner along with 25 to 30 unknown extremists damaged the Airtel Tower of two villages with the help of explosive Learned counsel for the petitioner submits that no

Patna High Court CR. MISC. No.56125 of 2021(2) dt.01-04-2022 2/3 specific overt act has been attributed against the petitioner. He was arrested on 06.06.2018 in connection with Amba P.S.Case No. 36 of 2006 and from the aforesaid case he has been remanded in the present case and since then he is in judicial custody. It is further submitted that other co-accused namely, Vikash Yadav in Cr. Misc. No. 32436 of 2012, namely, Dara Bhuiyan@ Dara Bhuian in Cr. Misc. No.46283 of 2014, namely, Satyendra Paswan in Cr. Misc. No.70578 of 2019 have been granted bail by different Benches of this Court. The orders are annexed as Annexure-3 to this petition.

The learned A.P.P opposed the prayer for bail of the petitioner submits that petitioner remained absconder. Having heard the rival contentions of the parties and taking into consideration the fact that there is no specific allegation against the petitioner and he is in custody since 13.06.2018 and other co-accused persons have already been granted bail, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/0- ( Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Aurangabad, Bihar in connection with Amba P.S.Case No. 12 of 2009, on the following conditions:-

Patna High Court CR. MISC. No.56125 of 2021(2) dt.01-04-2022 3/3 "(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(Harish Kumar, J) N.K/- U T