Surendra Yadav @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65132 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- KAJRA District- Lakhisarai ====================================================== SURENDRA YADAV @ ASHOK KUMAR Son of - Gendhari Yadav Resident of Village- Singhaul, P.S.- Kajra, District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-04-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 121/120(B)/34 IPC and 25(1-aa)/25(1-b)a/26(i)(ii)/35 of Arms Act and 3⁄4 of Explosive Substance Act and 16/17/18/20/23 of U.A.P. Act.

As per the prosecution case, on secret information that some miscreants had assembled for committing some grave crime, a raid was conducted and one accused Monu Kumar was apprehended, from whose possession huge quantity of arms and ammunition were recovered. Monu Kumar disclosed the

Patna High Court CR. MISC. No.65132 of 2021(2) dt.11-04-2022 2/3 name of petitioner and 36 other co-accused, who fled away after seeing the police.

It has been submitted on behalf of the petitioner that he in innocent and has been falsely implicated in this case due to dirty village politics. Nothing has been recovered from the possession of petitioner. It has been further submitted that petitioner has not been arrested on the spot and his name has surfaced in this case only on the basis of confessional statement of apprehended co-accused Monu Kumar, has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure-3. Petitioner is in custody since 01.08.2021. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with G.R. No. 1470/2020 arising out of Kajra P.S.Case No. 98 of 2020, subject to conditions that:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioner shall fully cooperate with the investigation / trial of the

Patna High Court CR. MISC. No.65132 of 2021(2) dt.11-04-2022 3/3 case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (S. Kumar, J) Rajiv/veenaU