Patna High Court - Orders
Dara Yadav @ Dadan Yadav vs The State Of Bihar on 1 August, 2018
Author: Arun Kumar
Bench: Arun Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11395 of 2018
Arising Out of PS. Case No.-10 Year-2014 Thana- DHIBRA District- Aurangabad
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Dara Yadav @ Dadan Yadav, S/o Iswari Yadav @ Isri Yadav R/o Village Ban
Bisunpur, P.S. Dhibra, District Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh
For the Opposite Party/s : Mr. Sri Madan Kumar
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
9 01-08-2018Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Dhibra P.S. Case No.10 of 2014, giving rise to Sessions Trial No.102 of 2017/707 of 2017, registered under Sections 147, 148, 149, 307, 302, 120B, 353 and 124A of the Indian Penal Code, under Sections 3/4 of the Explosive Substance Act as well as under Section 17 of the C.L.A. Act.
Accusation is that the members of the extremist group planted landmine and while the CRPF personnel were passing through the road, it was exploded; three para military personnel died in the explosion and several got injured and it is alleged that the Officer-in-Charge of the concerned police station had recorded in Sanha entry regarding information of planting the Patna High Court Cr.Misc. No.11395 of 2018(9) dt.01-08-2018 2/3 landmine by some of the accused persons named in the FIR including the petitioner.
Learned counsel for the petitioner submits that except quoting of the name of the petitioner in the Sanha entry, there is no other material, it is also not disclosed that on what basis the name of the petitioner was recorded by the Officer-in-Charge, the petitioner has been implicated merely on the basis of his antecedents. The petitioner has been in custody since 20.01.2017 but not a single prosecution witness up-till-now has been examined and similarly situated another co-accused, Abhay Yadav @ Govind Yadav, was admitted to bail by a co- ordinate Bench of this Court vide order dated 23.11.2017, passed in Cr. Misc. No.31771 of 2017.
Having considered the aforesaid facts and circumstances, petitioner Dara Yadav @ Dadan Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ad-hoc Additional District & Sessions Judge-VII, Aurangabad in connection with Dhibra P.S. Case No.10 of 2014, giving rise to Sessions Trial No.102 of 2017/707 of 2017 subject to the following conditions:
(1) One of the bailors must be the close family Patna High Court Cr.Misc. No.11395 of 2018(9) dt.01-08-2018 3/3 member of the petitioner.
(2) The petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.
(Arun Kumar, J) S.KUMAR/-
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