Vinod Yadav @ Nagendra Yadav @ Nagendra Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 75085 of 2019 Arising Out of PS. Case No.-166 Year-2008 Thana- MADANPUR District- Aurangabad ====================================================== VINOD YADAV @ NAGENDRA YADAV @ NAGENDRA JEE (Male), Aged about 35 years, son of Sri Bhola Yadav, Resident of Village - Barha, PS - Chhakarbandha, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 302, 307, 353, 332, 333/34 of Indian Penal Code, Sections 25 (1-b) a, 26, 27 of Arms Act and Section 17 of CLA Act.

Allegation is that the Police Party has reached the scene where some training of Naxalite output was being conducted and where an encounter has ensued between the Naxalites and the Police Party. Learned counsel for the petitioner submits that the petitioner is not named in the first information report and he is only suspected to be an associate of the Naxalites. It is submitted that other co-accused have been

Patna High Court CR. MISC. No.75085 of 2019(3) dt.05-12-2019 2/3 allowed bail. It is also submitted that Jitendra Bhuian @ Jitendra Jee @ Jaj, who has taken the name of the petitioner, has also been allowed bail by this Court in Cr Misc No 7540 of 2019 vide order dated 17.07.2019. The petitioner, in the instant case, is in custody since 08.08.2018. There are three other cases said to be pending against the petitioner, details of which have been disclosed in paragraph 3 of the petition. Learned counsel for the petitioner submits that in one of the said cases, the petitioner is on bail and in other two other cases, the petitioner is taking steps to secure his release on bail. Learned APP for the State has opposed the prayer. Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also

Patna High Court CR. MISC. No.75085 of 2019(3) dt.05-12-2019 3/3 undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T