Krishna Yadav @ Kaushal Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19465 of 2016 Arising Out of PS.Case No. -8 Year- 2015 Thana -DHIBRA District- AURANGABAD ====================================================== Krishna Yadav @ Kaushal Jee, Son of Tulsi Yada, Resident of VillageDewaria, Police Station -Barachati, District Gaya, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate. For the Opposite Party/s : Mr. Ramesh Chandra(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Dhibra P.S. Case No. 08 of 2015 registered under Sections 147, 148, 149, 120(B), 341, 124(A), 353, 307 and 386 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act, Section 4/5 of the Explosive Substance Act, Section 17 of the C.L.A. Act and Sections 38, 39 and 40 of the U.A.P.A. Act. The accusation is that the police on receiving secret information about gathering of 18 named in the F.I.R. including the petitioner and 30-35 unknown extremists at Pahari near Chhuchhiya village reached there, where from, extremists started

firing on police personnel then police personnel also made counter firing but the extremists succeeded to flee away taking advantage of forest. On search, a dead body was found there and empty cartridges and other materials also recovered. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the name of petitioner and others have come in the knowledge of the police by the villagers. The petitioner was apprehended by the police in Barachati P.S. Case No. 503 of 2015 and remanded in the present case on 16.01.2016 he was also made accused in two other cases as detailed in paragraph 2 of the bail petition. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Dhibra P.S. Case No. 08 of 2015. Out of two sureties, one surety must be the close relative of the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below.

shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T