Kaushal Jee @ Kundan Yadav @ Kundan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48126 of 2015 Arising Out of PS.Case No. -24 Year- 2013 Thana -DUMARIA District- GAYA ====================================================== KAUSHAL JEE @ KUNDAN YADAV @ KUNDAN Son of Late Khemlal Yadav, Resident of village- Matgarha, P.S.- Mohanpur, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Adv. For the Opposite Party/s : Mr. Ajay Kumar No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Dumaria P.S. Case No. 24/2013 registered for the offences punishable under Sections 147, 148, 149, 353, 324, 307, 332, 333 and 120(B) of the Indian Penal Code and 3⁄4 of Explosive Substance Act and 17 of C.L.A. Act.

Allegedly, IED installed in the way exploded causing injury to police personnel and the petitioner and others have been named that they are active in the area and have made plan to kill and damage the police.

Submission is of false implication, that the petitioner was not identified by anyone at the spot, only on suspicion he has

Patna High Court Cr.Misc. No.48126 of 2015 (3) dt.18-01-2016 2/2 been named, during investigation also no one has claimed to identify the petitioner and as such the petitioner who is suffering in custody since 03.03.2015 deserves sympathetic consideration. Learned A.P.P. opposes the prayer of bail by submitting that the petitioner has criminal antecedent.

In the facts and circumstances stated above, considering that no one has identified the petitioner installing IED and as such the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judicial Magistrate, Sherghati, Gaya in connection with Dumaria P.S. Case No. 24/2013, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rakhi U T