Paramveer Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47279 of 2017 Arising Out of PS.Case No. -244 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Paramveer Yadav Son of Late Ras Bihari Yadav, Resident of VillagePunsiya, P.S.- Rajoun, District- Banka. .... .... Petitioner
Versus
1. The State of Bihar.
2. Arvind Kumar Son of Sri Prakash Prasad, Senior Engineer, Prachalan & Anurakshan, Paradip-Haldia, Barouni Pipe Line, Indian Oil Corporation Ltd, Barouni, District- Begusarai. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party: Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 05.05.2017 in connection with Jhajha P.S. Case No. 244 of 2014 for the offences alleged under Sections 379/511 of the Indian Penal Code; Sections 15(2) and 15(4) of P.M.P Act, 1962 Amendment Act, 2011, Section 3/4 of the Prevention of Damage to Public Property Act; and Section 3/4 of the Explosive Substances Act.
3. It is submitted that the petitioner has been falsely implicated only on the basis of confessional statement of accused persons in Simultala P.S. Case No. 54 of 2015. The petitioner was neither apprehended on the place of occurrence and no incriminating materials have been recovered from his possession. Except confessional statement of the accused persons, there is no material to connect the petitioner with the alleged offence. Similarly situated accused persons, namely, Arjun Singh @ Arjun Singh Yadav, Bimlesh Kumar @ Vimal Kumar @ Vimal @ Bimlesh, Sarvesh Kumar, Ravi Singh @ Ravi Kumar @ Ravia and Umed Singh
Patna High Court Cr.Misc. No.47279 of 2017 (2) dt.17-10-2017 2/2 @ Umegh Singh @ Umedh Singh have been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 41242 of 2017 vide order dated 07.09.2017.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 244 of 2014, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) B.T/Chandran U T