Madan Da @ Madan Rai @ Pramod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29798 of 2017 Arising Out of PS.Case No. -113 Year- 2014 Thana -CHAKAI District- JAMUI ====================================================== Madan Da @ Madan Rai @ Pramod Rai, S/o Late Bajo Rai, resident of Village- Bahar Motia, P.S.- Charka Pathar (Tomo), Distt- Jamui. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Chakai P.S. Case No. 113 of 2014 registered for the offences punishable under Sections 25(1-b)A, 26, 35 of the Arms Act, Section 414 of the Indian Penal Code, Sections 16, 17, 18, 19, 20, 21 and 22 of U.A.P. Act Allegedly, Mantu Yadav and three others were apprehended from white colour Scorpio vehicle and Mantu Yadav stated the name of the petitioner regarding his involvement in Naxal activities. Raid was conducted in the jungle also but they succeeded in fleeing away. The petitioner is in custody since 04.12.2016 after his surrender.

Submission is of false implication and that there is no

legal and cogent material against the petitioner, his name has come in the confessional statement of Mantu Yadav and that Mantu Yadav has been allowed bail vide Cr. Misc. No. 52579 of 2015 by another co-ordinate Bench of this Court and the petitioner is suffering in custody without any fault and as such the petitioner deserves sympathetic consideration.

Learned APP submits that the petitioner is also involved in the naxal activities and after completing investigation chargesheet was also submitted against the petitioner. In the facts and circumstances stated above, considering that co-accused Mantu Yadav, Kedar Yadav, Basuki Yadav, Surendra Yadav and Dhattu @ Guttu have already been allowed bail by different co-ordinate Benches of this Court, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Jamui in connection with Chakai P.S. Case No. 113 of 2014 (U.A.P. Case No. 6 of 2015), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on

his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T