Patna High Court - Orders
Heeraman Yadav @ Hiraman Yadav vs The State Of Bihar on 29 June, 2017
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22266 of 2017
Arising Out of PS.Case No. -33 Year- 2016 Thana -DEO District- AURANGABAD
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Heeraman Yadav @ Hiraman Yadav S/o Balesar Yadav R/o Village Barha,
P.S. Chakarbanda Dumaria, District Aurangabad.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Ashok Kumar Singh, Advocate.
For the Opposite Party : Mr. Rajkishore Singh, APP.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
3 29-06-2017Heard both sides.
The petitioner seeks bail in Deo P.S. Case No. 33 of 2016 registered for the offences punishable under Section 302, 307 and other Sections of the Indian Penal Code, Sections 25, 26 and 27 of the Arms Act, Sections 3/4/5 of the Explosive Substances Act, Section 17 of the CLA Act and Sections 16(1)a, 16(1)b and 38 of the UAPA Act.
The informant alleged that he got information that naxalites had assembled at the hill area of Ganjoi. While the police force proceeded towards Ganjoi hill firing was started. The police personnel also opened firing. It is alleged that the informant identified some of them and named 25 persons in the FIR. It is further stated that the naxalites receded from the place of firing Patna High Court Cr.Misc. No.22266 of 2017 (3) dt.29-06-2017 2/3 and on such the informant and other police personnel made search. At about 12:30 while the police personnel were in search of the naxalites one landmines was exploded in which one constable got fatal injury and died and three police personnel got injuries.
Learned counsel for the petitioner submits that the informant did not disclose the source of identification of the petitioner. Merely because the petitioner has got criminal antecedent and he is said to be an active member of the naxalites the police named the petitioner along with others and claimed to identify the naxalites. One police constable died in explosion of landmines. During course of investigation the co-accused confessed their guilt and disclosed about the explosion of landmines. Those persons have already been enlarged on bail vide order passed in Cr. Misc. No. 48163 of 2016 and Cr. Misc. No. 45678 of 2016. The identification of the petitioner by the informant is doubtful.
Learned APP however opposed the prayer for bail. From perusal of the FIR, it appears that while the police force was going to Ganjoi hill after having got tip-off about the assembles of naxalites, firing and cross-firing was started in between the police and naxalites but, no injury was caused to any person either side. The second incident is of about 12:30 while the Patna High Court Cr.Misc. No.22266 of 2017 (3) dt.29-06-2017 3/3 police constables were in search the landmines exploded in which one constable died.
Considering the facts aforesaid the petitioner above named 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 Chief Judicial Magistrate, Aurangabad in Deo P.S. Case No. 33 of 2016.
(Prabhat Kumar Jha, J.) KKSINHA/-
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