Rajendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81795 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- AMBA District- Aurangabad ====================================================== Rajendra Yadav, S/o Baldev Yadav, R/o village- Ban Majhauli, P.S.- Dhibra, District- Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 353, 307, 124A of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of Criminal Law Amendment Act. The prosecution case as per the self statement of Shyam Kishore Singh, SHO of Nabinagar Police Station recorded on 19.07.2019 at 6.30 A.M. near Batane River Bridge in the district of Aurangabad is to the effect that the secret information was received that Naxal Commander Pramod Mishra and Sandip Yadav are planning to damage the under constructed bridge and kill the labourers and employees of the constructing agency, a raid was conducted, but the miscreants,
Patna High Court CR. MISC. No.81795 of 2019(2) dt.11-12-2019 2/3 33 in number, to fire on the police party. However, no injury has been caused to anyone, leading to registration of the FIR against 33 named accused persons. The petitioner was not named in the FIR, but during investigation the name of the petitioner sprang up in the confession of co-accused Raju Yadav @ Raju Ranjan Yadav.
It is submitted by learned counsel for the petitioner that neither there is any recovery from the possession of the petitioner nor anyone received any injury. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the name of the petitioner sprang up during investigation.
Considering the fact that the name of the petitioner sprang up in the confessional statement of the co-accused, no recovery from the possession of the petitioner and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection
Patna High Court CR. MISC. No.81795 of 2019(2) dt.11-12-2019 3/3 with Amba P.S. Case No. 68 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T