Patna High CourtCR. MISC./58880/2019bail granted

Shiv Shankar Dhobi @ Tyagiji @ Baba v. The State Of Bihar

2019-10-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58880 of 2019 Arising Out of PS. Case No.-140 Year-2013 Thana- GOH District- Aurangabad ====================================================== SHIV SHANKAR DHOBI @ TYAGIJI @ BABA Son of Karamu Rajak Resident of Village- Pachariya, P.S.- Rafiganj, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 324, 353, 307, 326, 335, 379, 427, 302 of the Indian Penal Code and 27 of the Arms Act and 3⁄4 of Explosive Substance Act and 17 of C.L.A. Act and 10 of Unlawful Activities Act.

Allegation is that 300-400 Maoists resorted to firing on the police camp killing four security persons and one driver on the spot.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.5.2017. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not

Patna High Court CR. MISC. No.58880 of 2019(2) dt.23-10-2019 2/2 named in the F.I.R. His name has come on confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest his implication in this case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Goh P.S. case No.140 of 2013.

(Sudhir Singh, J) Narendra/- U T