Dara Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3260 of 2017 Arising Out of PS.Case No. -11 Year- 2014 Thana -DHIBRA District- AURANGABAD ====================================================== Dara Yadav, S/o 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/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 17-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Dhibra P.S. Case No.11 of 2014 registered under Sections 147, 148, 149, 120B, 353 and 307 of the Indian Penal Code besides Section 17 of the CLA Act and Sections 3/4 of the Explosive Substance Act. The accusation is that on receiving secret information about putting the bombs at two polling booths at Middle School, Banua and one polling booth at Primary School, Khaira, by ten persons, named in the F.I.R., including the petitioner, the police reached there and recovered three bombs at that places, which had been kept to disturb the Parliamentary Election.

Patna High Court Cr.Misc. No.3260 of 2017 (4) dt.17-03-2017 2/3 Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the informant came to know about putting the bombs at the polling booths by the petitioner and nine others, named in the F.I.R., but the source of receiving information has not been disclosed by the informant. During investigation, the source of receiving information has also not been detailed by the Investigating Officer. Further submission is that, in fact, the petitioner is accused in 15 other cases, as detailed in paragraph-3 to this application, due to that reason, the petitioner has also been made accused in this case. The petitioner is in custody since 30.08.2016.

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 Chief Judicial Magistrate, Aurangabad, in connection with Dhibra P.S. Case No.11 of 2014. 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. Further, the petitioner shall attend the trial court on each and every date fixed in the case,

Patna High Court Cr.Misc. No.3260 of 2017 (4) dt.17-03-2017 3/3 during the course of the trial. If the petitioner fails to attend the trial court, during the course of the trial, on two consecutive dates, without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bonds of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T