Patna High Court - Orders
Sulo Yadav @ Sulendra Yadav @ Sulo Da vs The State Of Bihar on 19 May, 2022
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55673 of 2021
Arising Out of PS. Case No.-143 Year-2016 Thana- CHANDAN District- Banka
======================================================
SULO YADAV @ SULENDRA YADAV @ SULO DA, S/o DHANRAJ
YADAV R/o VILLAGE-MANIKTHAN, P.S-JHAJHA, DISTRICT-JAMUI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 19-05-2022Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.
The petitioner seeks regular bail in connection with Chandan (Anandpur) P. S. Case No. 143 of 2016 for the offences punishable under Sections 121, 121(A), 120(B), 353 and 307 of the Indian Penal Code; Sections 25(1-b)a/26,/27/35 of the Arms Act, 1959; Section 3/4 of the Explosive Substance Act, 1908; Sections 9, 10, 11 and 13 of the U.A.P. Act; and Section 17 C.L.A. Act.
The prosecution case, in brief, is that on secret information the police party had conducted raid on the spot where the naxalites had convened a meeting. When police party Patna High Court CR. MISC. No.55673 of 2021(4) dt.19-05-2022 2/5 reached there, the naxalites have opened fire on the police personnel. The allegation against the petitioner is that the name was taken by the leader of the naxalites Mantu Khaira and Prahalad Modi.
The learned counsel for the petitioner submits that from the very allegation made in the F.I.R., no overt act has been committed by the petitioner. The petitioner has been roped in the present case because the naxalites had taken the name of the present petitioner and the said fact cannot be a proof that the petitioner is also a naxalite and involved in the alleged incidence in which cross firing has taken place between the naxalites and the police. He further submits that in paragraph no. 3 of the bail application he has given the details of all such cases pending against the petitioner and the said fact can be very well verified by the court below with respect to the antecedents of the petitioner. The petitioner is in custody since 13.04.2021. Other co-accused has already been released on bail and in this regard he has brought on record an order dated 05.02.2019, passed in Cr. Misc. No. 6421 of 2019 in which one co-accused Pramod Modi has been released on bail by a Bench of this Court.
Shri Ajit Kumar, learned APP for the State submits that materials have come in course of investigation against the Patna High Court CR. MISC. No.55673 of 2021(4) dt.19-05-2022 3/5 petitioner and several cases with similar allegations have been pending against the petitioner, which cannot absolve him from the very fact that he is not a member of naxalite group and engaged in anti-national activities. The petitioner is threat to the nation and as such he does not deserve to be released on bail.
Having heard the submission of the parties; perused the F.I.R. and the case-diary. The allegation against the petitioner in the F.I.R. is that his name was taken by two named naxalites Mantu Khaira and Prahalad Modi. In the present case, the informant who is a Police Officer, on mere suspicion has made the petitioner accused because of the name taken by the naxalites Mantu Khaira and Prahalad Modi but from mere suspicion it cannot be said that the petitioner was one of the naxalites who had opened fire on the police personnel. The petitioner is in custody since 13.04.2021.
Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Chandan (Anandpur) P. S. Case No. 143 of 2016, subject to the following Patna High Court CR. MISC. No.55673 of 2021(4) dt.19-05-2022 4/5 conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.
(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No. 3 of the bail application, this order will automatically loose its force.
(6) The petitioner will make his attendance before the concerned Police Station under which his house is located every fortnight till conclusion of the trial and on any single default without any valid reasons on the part of the petitioner, his bail bonds shall be cancelled and the Patna High Court CR. MISC. No.55673 of 2021(4) dt.19-05-2022 5/5 concerned SHO of the Police Station shall submit his monthly attendance report to the Superintendent of Police having jurisdiction.
(Purnendu Singh, J) skm/-
U T