Rupan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28780 of 2018 Arising Out of P.S.Case No. -91 Year- 2017 Thana -SONO District- JAMUI ====================================================== Rupan Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Sono (Charkapaththar) P.S.Case No.91 of 2017 registered for an offence under Section 147, 148,, 149, 120(B) and 121(A) of the IPC, section 3/4 of the Explosive Substance Act and sections 16, 17, 18, 19, 20, 21 and 22 of UAP Act.

The prosecution case, as lodged by the police personnel, is that on information some naxalites have assembled, the police with the help of SSB, CRP and STF conducted combing operation and petitioner along with the another co-accused Suresh Sah was found digging the earth. From the place some explosive substance along with wire and detonator were recovered. The petitioner along with another accused revealed the name of other members of the organization.

It has been submitted that the name of this petitioner was disclosed by the apprehended accused Suresh Sah and Anbar

Patna High Court Cr.Misc. No.28780 of 2018 (3) dt.28-06-2018 2/2 Mian and no incriminating article has been recovered from the possession of this petitioner. Both the apprehended accused caught at the spot have been allowed bail by the coordinate Benches of this Court in Cr.Misc.Nos.59914 of 2017 and 43762 of 2017. The learned APP opposed the submissions.

Considering the facts and circumstances of the case, the prayer for bail is allowed. Let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-I, Jamui in connection with Sono (Charkapaththar) P.S.Case No.91 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T