Paramveer Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41020 of 2017 Arising Out of PS.Case No. -132 Year- 2014 Thana -JHAJHA District- JAMUI ====================================================== Paramveer Yadav, Son of Late Ras Bihari Yadav, Resident of VillagePunsiya, P.S.- Rajoun, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Amrendra Kumar, Son of Sri Indu Bhushan Prasad Singh, Dy. Manager, (Prachalan), Paradip- Haldia- Barauni, Pipe Line, Indian Oil Corporation Limited, P.O. Barauni Oil Refinery, District- Begusarai(Bihar). .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 12.04.2017 in connection with Jhajha P.S. Case No.132 of 2014 registered for the offence under Sections 379/511 of the Indian Penal Code and Sections 15(2), 15(4) of P.M.P. Amendment Act, 2011, Section 3⁄4 of Explosive Substances Act and Section 3⁄4 of Prevention of Damage to Public Property Act.
Learned counsel for the petitioner submits that though the petitioner was taken into custody in connection with Simultala P.S. Case No.54 of 2015, which was purely on the basis of an extra-judicial confession made before the police
Patna High Court Cr.Misc. No.41020 of 2017 (2) dt.20-09-2017 2/3 by one Arjun Singh, he was remanded in connection with several other cases of similar nature which had occurred in the past and thereafter the petitioner has been languishing in jail. Learned counsel submits that in most of the cases, in which his name has been similarly brought in, the petitioner has already been extended the privilege of bail by this Court by several orders passed in Cr.Misc. No.13149 of 2017 vide order dated 29.03.2017, Cr.Misc. No.12050 of 2017, vide order dated 28.03.2017, Cr.Misc. No.11339 of 2017 vide order dated 20.03.2017 and Cr.Misc. No.8654 of 2017 vide order dated 10.04.2017.
He thus submits that the nature of allegations being same and similar and the petitioner's name having been brought in under identical circumstances on the basis of extrajudicial confession made before the police, which has no evidentiary value, the petitioner is languishing in jail. As such, he may also be extended the similar benefit in the present case. Having heard learned counsel for the petitioner and on perusal of the orders passed by this Court, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.41020 of 2017 (2) dt.20-09-2017 3/3 connection with Jhajha P.S. Case No.132 of 2014. It is made clear that the conditions, under which the said bail orders have been granted, shall operate in the present case also, namely, (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 co-operate 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.
(Anjana Mishra, J) PNM U T