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Patna High CourtCR. MISC./52344/2025bail granted

Anil Yadav v. The State Of Bihar

2025-08-11Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52344 of 2025 Arising Out of PS. Case No.-135 Year-2006 Thana- WAJIRGANJ District- Gaya ====================================================== Anil Yadav S/O Sibu Yadav @ Shivlal Yadav R/O Vill.- Kaji Bigha, P.s.- Tankuppa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyaveer Jha, Adv.

For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Wazirganj (Tankuppa) P.S. Case No. 135 of 2006 dated 04.07.2006, instituted for the offence punishable under Sections 147, 148, 149, 302, 307, 353, 452, 333, 427, 342 of the Indian Penal Code, Section 27 of the Arms Act, Section 3, 5 of Explosive Substance Act, Section 17 of C.L.A. Act and Section 3 of the Prevention of Damage to Public Property Act.

3. The prosecution case, in brief, is that on 03.07.2006 at about midnight, incriminating firing started on police personnel upon which informant directed the police personnel to fire in self-defence which continued for three hours. It is further alleged that the miscreants claimed themselves of Maoist group

Patna High Court CR. MISC. No.52344 of 2025(2) dt.11-08-2025 2/3 and they planted landmine to damage the police station and also fired on police personnel due to which many police personnel sustained injury and few of the officers have also died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the F.I.R. has been lodged against 29 named accused persons as well as 300-400 unknown persons and the petitioner is named accused person. It is submitted that only on the basis of disclosure made by local Chowkidar, the petitioner has been made accused in this case. It is submitted that there is no specific allegation against the petitioner, rather, the allegation against him is general and omnibus. It is also submitted that several other accused persons have been granted bail by this court as well as by other co-ordinate Benches of this Court. It is submitted that Ganauri Manjhi and Ajay Kanu @ Ravi Jee @ Chandra Prakash have been granted bail vide order dated 03.04.2013 and 22.12.

2014 passed in Criminal Miscellaneous Nos. 965 of 2011 and 18703 of 2014 respectively by different co-ordinate Benches of this Court. It is further submitted that Suresh Kahar @ Singh @ Suresh Chandrawansi has been granted bail vide order dated 23.05.2023 passed in Criminal Miscellaneous No. 23907 of 2023 by this Court.

Patna High Court CR. MISC. No.52344 of 2025(2) dt.11-08-2025 3/3 Lastly, it has been submitted that the petitioner is in custody since 08.04.2025, having no criminal antecedent and chargesheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya in connection with Wazirganj P.S. Case No. 135 of 2006. (Khatim Reza, J) prabhat/- U T