Navneet Yadav @ Chhotu @ Navneet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49502 of 2019 Arising Out of PS. Case No.-79 Year-2018 Thana- HASPURA District- Aurangabad ====================================================== NAVNEET YADAV @ CHHOTU @ NAVNEET KUMAR Son of Rajendra Yadav @ Rajendra Ray Resident of Village - Manjhanpura, P.S.- Bikram, Dist.- Patna (Bihar) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S.Tr. No.473 of 2018 arising out of Haspura P.S. Case No. 79 of 2018 registered for the offence punishable under Sections 395/397 of the Indian Penal Code and Section 4/5 of Explosive Substance of Act.

Petitioner had earlier moved this Court for regular bail vide Criminal Miscellaneous No. 80738 of 2018 which was dismissed as withdrawn on 26.02.2019.

Informant has alleged that on 01.05.2018 in his jewellery shop five criminals entered on strength of revolver overpowered him and thereafter exploded the bomb outside the

Patna High Court CR. MISC. No.49502 of 2019(2) dt.07-08-2019 2/3 shop and looted away the jewellery kept in the tray and fled away on motorcycle.

It has been submitted that petitioner is innocent and has been remanded in this case from P.S. Case No. 144 of 2018. He is not named in the FIR. His name has surfaced in this case on the basis of confessional statement made by co-accused Jailal Mahto. Nothing has been recovered from his possession, except said confessional statement there is no other incriminating material against him. Said Jailal Mahto has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure-3 and other similarly placed accused has also been granted bail by a co-ordinate Bench of this Court as contained in Annexure-4 series. Petitioner is in custody since 12.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. III, Aurangabad, in connection with S.Tr. No.473 of 2018 arising out of Haspura P.S. Case No. 79 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the

Patna High Court CR. MISC. No.49502 of 2019(2) dt.07-08-2019 3/3 court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

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

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