Patna High CourtCR. MISC./46140/2017allowed

Nandu Yadav @ Nandu @ Nand Kumar Yadav v. The State Of Bihar

2017-09-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46140 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -DEO District- AURANGABAD ====================================================== Nandu Yadav @ Nandu @ Nand Kumar Yadav, Son of Sukhdeo Yadav, Residence of Village- Murarpur, P.S.- Dhibra, Distt.- Aurangabad. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Deo P.S. Case No.69 of 2017 registered under Section 147/148/149/124 A/386 of the Indian Penal Code, under Section 25 (1-b)a/26/35 of the Arms Act and Section 17 of the C.L.A. Act.

As per the prosecution case, on the tip off five miscreants, said to be members of the Maoist outfit including the petitioner have been apprehended and from the possession of the petitioner five liters of kerosene oil was seized. It is submitted by learned counsel for the petitioner that the petitioner was not apprehended on the spot rather the police had called him by phone on the P.S. and falsely implicated in this case showing recovery of the kerosene oil from his

Patna High Court Cr.Misc. No.46140 of 2017 (02) dt.20-09-2017 2/ 2 possession for which the petitioner had filed a petition before the C.J.M. for making enquiry in the matter. The petitioner has been languishing in custody since 17.07.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail 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 Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No.69/2017 (G.R. No.1337/17).

(Prakash Chandra Jaiswal, J) Trivedi/- U T