Chandeshwar Rajak @ Teyagi Jee @ Shiv Shankar @ Shiv Shankar Dhobi @ Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48081 of 2018 Arising Out of PS. Case No.-14 Year-2014 Thana- DUMARIYA District- Gaya ====================================================== Chandeshwar Rajak @ Teyagi Jee @ Shiv Shankar @ Shiv Shankar Dhobi @ Baba, S/o Karmu Rajak, resident of Village- Pachariya, P.S.- Rafiganj, District- Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma For the Opposite Party/s :
Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 147, 148, 149, 435, 436 and 120B of the Indian Penal Code, Sections 3 and 4 of the Explosive Substance Act and Section 17 of the C.L.A. Act.
Petitioner is said to be activist of MCC and he along with 49 named and 50 other activists of MCC is said to have exploded Airtel Mobile tower of Dumariya Bazar and planted cane bomb on the road to cause damage to person and property.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has no
Patna High Court Cr.Misc. No.48081 of 2018(3) dt.28-09-2018 2/2 concern with the aforesaid occurrence. He has been falsely implicated in the case at the instance of his enemies. There is no eye witness of the occurrence. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. Even care taker of the aforesaid mobile tower has not seen the petitioner in the occurrence. Identity and genuineness of the source of information naming the petitioner in the occurrence has not been mentioned in the written report. The petitioner has been languishing in custody since 06.06.2016. Learned APP for the State opposed the prayer for bail.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sherghati, Gaya in connection with Dumaria P.S. Case No. 14 of 2014, G.R. No. 394/14. (Prakash Chandra Jaiswal, J) mantreshwar/- U T