Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21293 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -KHAIRA District- JAMUI ====================================================== Naresh Yadav, son of Dharam Yadav, resident of Village- Bishanpur, P.S. Charkapather, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 27-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with U.A.P. Case No.14 of 2016, arising out of Khaira P.S. Case No.31 of 2016, registered under Sections 17, 18, 19, 20, 21 and 22 of the U.A.P.A. Act and Sections 3/4 of the Explosive Substance Act. The petitioner and the co-accused Maho alias Mahendra Thakur are said to be apprehended by the police from their houses and made their confessional statement leading recovery of electronic detonators and other explosive substance. Learned counsel appearing on behalf of the petitioner submits that the petitioner and the co-accused Maho alias

Patna High Court Cr.Misc. No.21293 of 2016 (3) dt.27-07-2016 2/3 Mahendra Thakur were apprehended by the police on 21.02.2016 from their houses without any reason and regarding the same, the wife of the co-accused Maho alias Mahendra Thakur gave an application on 22.02.2016 in the court of the Chief Judicial Magistrate, Jamui, which would appear from Annexure-'3' to the application. The petitioner has been made accused in this case with false allegation due to highhandedness of the police. The petitioner is accused in five other cases, as detailed in paragraph-3 to the petition, in which the petitioner is on bail. Similarly situated co-accused, Maho alias Mahendra Thakur has already been granted bail by a Bench of this Court vide order dated 26.04.2016 passed in Criminal Misc. No.16493 of 2016.

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 Sessions Judge, Jamui, in connection with U.A.P. Case No.14 of 2016, arising out of Khaira P.S. Case No.31 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

Patna High Court Cr.Misc. No.21293 of 2016 (3) dt.27-07-2016 3/3 Further, the petitioner shall remain present on each and every date during the course of the trial. If the petitioner fails to remain present on two consecutive dates without any reasonable cause being shown, the concerned court would be at liberty to take steps for cancellation of bail bonds of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T