Dara Yadav @ Dadan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48481 of 2017 Arising Out of PS.Case No. -11 Year- 2015 Thana -DHIBRA District- AURANGABAD ====================================================== Dara Yadav @ Dadan, S/o Late Iswari Yadav, R/o Village Ban Bisunpur, P.S.- Dhibra, District-Aurangabad.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-10-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 11.8.2017 on his remand in connection Dhibra P.S. Case No.11 of 2015 registered for the offence under Sections 147, 148, 149, 120B, 353 and 307 of the Indian Penal Code and Section 25(1-B)a, 26, 35, 27 of the Arms Act and Section 17 of C.L.A Act.
The petitioner was earlier taken into custody on 3.8.2016 in connection with another case registered under similar provision.
It is submitted on behalf of the petitioner that it is quite unlikely that the informant could have identified the petitioner in the light of para bombs as the informant is a resident of the State of Uttarakhand and the petitioner is a resident of Aurangabad
Patna High Court Cr.Misc. No.48481 of 2017 (2) dt.30-10-2017 2/2 district. It is further submitted that only on the basis some internal information that the petitioner's name has been brought in connection with the present F.I.R. and no overt act has been attributed to the petitioner. It is further submitted that similarly situated co-accused, namely, Surendra Yadav @ Suresh Jee @ Sukesh Jee, Krishna Yadav @ Kaushal Jee and Heeraman Yadav have been granted bail by this Court in Cr.Misc. No.18877 of 2016, Cr.Misc. No.11806 of 2016 and Cr.Misc. No.3503 of 2017, vide orders dated 04.05.2016, 17.05.2016 and 27.02.2017 respectively.
Considering the entire facts and circumstances and that there is no incriminating material recovered from the possession of the petitioner and till date he has not been placed on T.I. Parade, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Dhibra P.S. Case No.11 of 2015.
(Anjana Mishra, J) PNM U T