Patna High CourtCR. MISC./55410/2023allowed

Darogi Yadav @ Bhupati Yadav @ Bahara v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55410 of 2023 Arising Out of PS. Case No.-125 Year-2014 Thana- KAUWAKOL District- Nawada ====================================================== DAROGI YADAV @ BHUPATI YADAV @ BAHARA son of Barhan Yadav Village- Dudhaniya Ps- Sono Charka Pathar Dist- jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 120(B) and 121 of the Indian Penal Code, Sections 13, 16, 18 and 20 of U.A.P. Act and Section 3⁄4 of the Explosive Substance Act.

3. As per FIR, the allegation against the petitioner and other co-accused persons is that they had incriminating articles which were seized by the police.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. Neither the petitioner was arrested on the spot nor any incriminating article has been recovered from

Patna High Court CR. MISC. No.55410 of 2023(3) dt.28-11-2023 2/2 his conscious possession. There is no consistent evidence against the petitioner which shows his involvement in the alleged occurrence. Petitioner is languishing in judicial custody since 15.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to 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 Judicial Magistrate 1st Class, Nawada in connection with Kawakole P.S. Case No.125 of 2014.

(Sunil Kumar Panwar, J) lata/- U T