Nandu Kumar @ Priyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60252 of 2022 Arising Out of PS. Case No.-364 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== Nandu Kumar @ Priyam Son Of Ramchandra Yadav R/O Village- Sijuahi, P.S.- Madanpur, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Madanpur P.S. Case No. 364 of 2021 registered under sections 147, 148, 149, 435, 427, 124A and 120B of the Indian Penal Code and Sections, 3, 4 and 5 of the Explosive Substance Act and Sections 16, 18 and 20 of the UAP Act.

Allegation against the accused persons including this petitioner is that under the leadership of Sandeep Yadav and Vivek Yadav, they had blown up the Panchayat Sarkari Bhawan and set ablaze an electric generator.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on suspicion.

Patna High Court CR. MISC. No.60252 of 2022(3) dt.16-02-2023 2/2 There is no consistent evidence available against the petitioner rather general and omnibus allegation has been levelled against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused persons have already been granted bail by this coordinate Bench of this Court vide order dated 03..01.2023 in Cr. Misc. No 50179 of 2022 and vide order dated 16.01.2023 in Cr. Misc. No. 52585 of 2022. The petitioner is languishing in judicial custody since 19.07.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Madanpur P.S. Case No. 364 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XII, Aurangabad.

(Sunil Kumar Panwar, J) shubham/- U T