Kail Prajapati @ Akash vs The State Of Bihar on 1 March, 2016

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Patna High Court - Orders

Kail Prajapati @ Akash vs The State Of Bihar on 1 March, 2016

Bench: Rajendra Kumar Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.1312 of 2016
                 ======================================================
                 Kail Prajapati @ Akash, S/o Inderdeo Prajapati, Resident of village Ajan,
                 P.S.- Goh, District- Aurangabad.
                                                                        .... .... Petitioner
                                                   Versus
                 The State of Bihar
                                                                   .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner          :    Mr. Ashok Kumar Singh
                 For the Opposite Party      : Mr. Ram Naresh Roy (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER

5   01-03-2016

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Madanpur P.S. Case No. 233 of 2010, registered under Section 3/5 of Explosive Substance Act, Section 17 C.L.A. Act and Section 27 of the Arms Act.

The accusation is that informant and other Police officers were proceeded to Polling station Jurahi in Assembly Election, where they received secret information regarding fitting of landmines in the way, when Police party reached near the polling station, 18 persons including the petitioner and 20 others were identified moving from there raising slogans of extremists and one cane bomb was also found fitted in the way.

Learned counsel appearing on behalf of the Patna High Court Cr.Misc. No.1312 of 2016 (5) dt.01-03-2016 2/3 petitioner submits that, in fact, the petitioner has been made accused in nine cases, as detailed in paragraph no. 3 of the petition and due to that reason, the petitioner and others have also been implicated in this case. Further submission is that petitioner is in custody since 07.11.2015, whereas similarly situated co-accused, namely, Lala Yadav, Mritunjay Sah @ Shambhujee, Arjun Bhuiyan have already been granted privilege of bail by a co-ordinate Bench of this Court as well as by this Court vide order dated 25.10.2011, 12.03.2012 and 23.05.2012 passed in Criminal Misc. Nos. 33904 of 2011, 10712 of 2012 and 14902 of 2012, respectively.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 233 of 2010. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates Patna High Court Cr.Misc. No.1312 of 2016 (5) dt.01-03-2016 3/3 during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) manish/-

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Patna High Court - Orders