Umesh Yadav @ Sekan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50963 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== UMESH YADAV @ SEKAN Son of Late Jagdish Yadav Resident of Village - Habbipur, P.s.- Chandauti, and Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 147,148, 149 and 307 of the Indian Penal Code and sections 3, 4 and 5 of the Explosive Substance Act.

As per the prosecution case, during the raid 7 miscreants were chased by the police. In the meantime, one miscreant exploded bomb on the police personnel with intent to kill but all the seven miscreants succeeded to flee away from

Patna High Court CR. MISC. No.50963 of 2022(2) dt.14-12-2022 2/3 there.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R . The name of the petitioner has sprung up in the confessional statement of co-accused Uday Mallah. The petitioner is accused in 11 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Magadh medical college P.S. Case No. 93 of 2022, with following conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

Patna High Court CR. MISC. No.50963 of 2022(2) dt.14-12-2022 3/3

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

3. If the petitioner is found involved in any other criminal case in future, the prosecution will be at liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T