Udani Yadav @ Sheo Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45229 of 2016 Arising Out of PS.Case No. -29 Year- 2014 Thana -KOTHI District- GAYA ====================================================== Udani Yadav @ Sheo Nandan Yadav S/o Bhajan Yadav Resident of Village- Manjhauli, P.S.-Kothi District-Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 08.10.2015 in connection with Kothi P.S. Case No. 29 of 2014 registered for the offence punishable under Sections 147, 148, 149, 435, 353 and 427 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act.

The prosecution case is that on 23.05.2014, while the informant was getting the road between Kishunchak and Ragra Asthan constructed and he parked his JCB machine at Banga Dohar for the purpose of safety, 8-10 nexalites came and set the said JCB machine on fire.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.45229 of 2016 (4) dt.16-12-2016 2/3 petitioner that he is innocent, not named in the First Information Report and has been falsely implicated in the aforesaid case only because he had a past criminal antecedent. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State submits that petitioner has criminal antecedent and is involved in two more cases of similar nature, hence, opposes the prayer for bail. Be that as it may, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Kothi P.S. Case No. 29 of 2014, subject to the condition that one of the bailors would be close relative and other bailor would be a person, who has sufficient immovable properties within the jurisdiction of concerned police station.

Patna High Court Cr.Misc. No.45229 of 2016 (4) dt.16-12-2016 3/3 and shall appear in the learned Court below, as and when directed. With these observations and directions, this application stands allowed.

(Nilu Agrawal, J) Arjun/- U