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Patna High Court - Orders

Baudh Rajwar @ Baudha Rajwar @ Saryu ... vs The State Of Bihar on 17 January, 2017

Author: Arvind Srivastava

Bench: Arvind Srivastava

      Patna High Court Cr.Misc. No.1393 of 2017 (2) dt.17-01-2017




                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Criminal Miscellaneous No.1393 of 2017
                        Arising Out of PS.Case No. -174 Year- 2013 Thana -NABINAGAR District- AURANGABAD
                   ======================================================
                   1. Baudh Rajwar @ Baudha Rajwar @ Saryu Rajwar Son of Late Ramdas
                   Rajwar, Resident of Village-Shikarpur, P.S.-Hariharganj, District-Palamu
                   (Jharkhand)

                                                                                   .... ....   Petitioner/s
                                                           Versus
                   1. The State of Bihar

                                                                .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     : Mr. Santosh Kumar Pandey
                   For the Opposite Party/s : Mr. Sri Parmeshwar Mehta
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
                   ORAL ORDER

2   17-01-2017

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

2. Petitioner is in custody since 17.10.2016 in connection with Nabinagar P.S. Case No. 174 of 2013 registered under Sections 147, 148, 149, 427, 353, 124(A), 121(A), 30 of the Indian Penal Code and Section 16, 17, 18, 19, 20, 38 of U.A.P. Act.

3. According to the prosecution, five police personnels were killed in bomb explosion planted by the extremists.

4. Learned counsel for the petitioner has submitted that though crowd assembled on the place of occurrence disclosed the name of several extremists but the name of this petitioner has not been disclosed. No specific allegation is made against this petitioner. Neither anything incriminating has been recovered from the conscious possession of the petitioner. Moreover, no T.I.P. has been held Patna High Court Cr.Misc. No.1393 of 2017 (2) dt.17-01-2017 regarding the involvement of the petitioner. Further, six F.I.R. named accused persons have already been granted bail by Additional Session Judge-III, Aurangabad. Moreover, two accused persons, namely, Sukesh Jee @ Surendra Yadav @ Bindeshwari Yadav and Bhagwa Ravidas @ Bahgwat Dev Ram @ Bahgwat Dev, have already been granted bail by the co-ordinate Bench of this Court in Cr. Misc. No. 44309 of 2016 and 44891 of 2016 respectively.

4. Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Aurangabad in connection with Nabinagar P.S. Case No. 174 of 2013.

(Arvind Srivastava, J) Brajesh/-

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