Sudesh Yadav @ Sudesh Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16328 of 2018 Arising Out of PS. Case No.-232 Year-2009 Thana- MADANPURA District- Aurangabad ====================================================== Sudesh Yadav @ Sudesh Jee, S/o Late Sheo Yadav, R/o Village- Chilmi, P.S.- Madanpur, 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 S. KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Madanpur P. S. Case No. 232 of 2009 registered for the offences punishable under Sections 147, 149, 353, 307, 379 and 427 of the Indian Penal Code, Section 27 of the Arms Act and 3 /4 of Explosive Substances Act.

On receiving information that plan was made by extremists to blow up any school, informant along with police force proceeded to make a search operation and reached in the eastern Badhar of Sljuahi village and heard sound of explosion from a school. Firing was exchanged between both parties and thereafter they fled away in the darkness.

It is submitted on behalf of the petitioner that he is innocent and has committed no offence. Petitioner is not named

Patna High Court Cr.Misc. No.16328 of 2018(3) dt.09-04-2018 2/2 in the FIR. Name of petitioner has surfaced on the basis of confession of a co-accused. Except confession, there is no other material against this petitioner. Petitioner has no criminal antecedent and he is in custody since 13.12.2017. It has further been submitted that similarly placed co-accused have been granted bail vide Cr. Misc. No. 45133 of 2011 and Cr. Misc. No. 36963 of 2012.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad, in connection with Madanpur P. S. Case No. 232 of 2009.

(S. Kumar, J) sudip/- U T