Ram Parvesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76167 of 2018 Arising Out of PS. Case No.-443 Year-2015 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ram Parvesh Yadav S/o Kuldeep Yadav resident of Village- Kathautiya, P.O. Shimla, P.S. Solaiya, District Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Aurangabad Town P.S. Case No.443/15 registered for the offence punishable under Sections 120(B)/121(A)/124(A) and 386 of the Indian Penal Code and Section 17 of the C.L.A. Act.

Informant is a police officer who has alleged that he received a confidential information that one Shankar Yadav @ Sonu works for Naxal group and in his rented house, Naxali commander Binay Yadav @ Guru Ji along with his accomplices have assembled with a motive to commit big crime. After seeing the police party, some accused persons started fleeing away but they were apprehended. They admitted that they belonged to Naxal group.

Patna High Court Cr.Misc. No.76167 of 2018(2) dt.19-12-2018 2/3 It has been submitted on behalf of the petitioner that that name of the petitioner has surfaced in this case on the basis of confessional statement made by co-accused and except the said confessional statement, there is no any other incriminating material against the petitioner. It has further been submitted that petitioner has not been found involved in any activity of Naxal group. Petitioner has no criminal antecedent and he is in custody since 04.07.2018. Similarly placed co-accused, Kunal Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 27.01.2016 passed in Cr. Misc. No.2428 of 2016.

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/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Aurangabad Town P.S. Case No. 443/15, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the 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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond

Patna High Court Cr.Misc. No.76167 of 2018(2) dt.19-12-2018 3/3 shall be cancelled by the court below.

(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) Sanjay/- U T