Saroj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29167 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -BIHIYA District- BHOJPUR ======================================================
1. Saroj Yadav Son of late Sheo Kumar Yadav Resident of Village- Jamua, P.S. Bihiya, District Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in custody since 04.01.2017 in connection with S.Tr. No. 158/2017, arising out of Bihiya P.S. Case No. 128/2016 for offences punishable under Sections 3/5 of the Explosive Substance Act.
The prosecution case, as lodged by the police, is that during course of checking they intercepted a motorcycle and one Chhotu Yadav was apprehended while the petitioner managed to flee away with the motorcycle. From the bag of Chhotu Yadav one bomb was recovered, which he stated that he was taking it in the market place to inflict fear for demand of ransom. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.29167 of 2017 (3) dt.04-08-2017 2/2 petitioner that he is innocent, bears no criminal history and the coaccused Chhotu Yadav has been granted privilege of bail by the Juvenile Justice Board. He submits that nothing has been recovered from his conscious possession and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail.
Be that as it may, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Sessions Judge, Bhojpur at Ara, in connection with S.Tr. No. 158/2017, arising out of Bihiya P.S. Case No. 128/2016.
(Nilu Agrawal, J) Rajesh/- U T