Bimal Jee @ Bimal Yadav @ Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65498 of 2021 Arising Out of PS. Case No.-2 Year-2018 Thana- BHADHWAR District- Gaya ====================================================== BIMAL JEE @ BIMAL YADAV @ GANESH YADAV S/o- Late Mosaffir Yadav R/o Village- Jamunia, P.S.- Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 272 and 273 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted on the house of accused Ram Raj Ravidas three accused persons including Ram Raj Ravidas were taken into custody and on inquiry they disclosed the name of six named and 20 other accused persons which included the petitioner herein. It is further stated that incriminating articles including SLR rifle, twenty cartridges, naxal parcha etc were recovered from the house of Ram Raj Ravidas.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From

Patna High Court CR. MISC. No.65498 of 2021(2) dt.22-04-2022 2/2 perusal of the FIR it would transpire that the only material against the petitioner is the statement of a co-accused taking the name of the petitioner before the police. No incriminating article has been recovered from the petitioner's possession who is in custody since 13.3.2019 and charge sheet has been submitted in the case in the year 2019 itself. Ram Raj Ravidas, Dewanti Devi and Saryu Bhuiyan have been enlarged on bail vide orders contained in Annexure -2 series.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 3 years and grant of bail to the above named co-accused, the Court directs the petitioner to be enlarged on bail in connection with Bhadwar P.S. Case no. 2 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati, District Gaya.

(Partha Sarthy, J) Prakash/- U