This order grants bail to Mandeep Yadav in a case involving UAPA and Section 124(A) IPC. The Court directed removal of defects within four weeks and granted bail on furnishing a bond of Rs. 25,000 with two sureties, subject to conditions.
Directed removal of defects within four weeks; granted bail on furnishing bond of Rs. 25,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4990 of 2022
Arising Out of PS. Case No.-3 Year-2019 Thana- CHAKARANDHA P.S. District- Gaya
======================================================
Mandeep Yadav @ Matal, Son of Hari Yadav, Resident of VillageMahulaniya, P.S.- Chhakarbandha, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Md. Jubair Ansari, Advocate For the Opposite Party/s : Mr.Mukeshwar Dayal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 09-06-2022
Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today.
In the present case, the petitioner seeks bail in connection with Chhakarbandha P.S. Case No. 3 of 2019 registered for the alleged offence under Section 124 (A) of the Indian Penal Code and Section 16 (i) (b), 18, 20 U.A.P. Act.
The prosecution case is that two persons were apprehended and some objectionable articles justifying killing of one Raghu @ Raghunandan Bhokta, were recovered from the possession of those two persons, stated to be acting members of Maoist Organization. The petitioner is also stated to be a member of the same Organization.
Patna High Court CR. MISC. No.4990 of 2022(2) dt.09-06-2022 2/3
It has been submitted by the learned counsel for the petitioner that the petitioner is not named in the FIR. A number of persons have been made accused in this case and several of them have been granted bail by different coordinate Benches of this Court. The petitioner himself surrendered before the police. Now the petitioner has got no concerned with the Maoist Organization. Though he is shown to be involved in number of criminal cases, but except one, he is on bail in each cases and moreover, these cases have been faceting upon him by the police for being a member of Maoist Organization. In the present case, the petitioner is in custody since 13.08.2021.
Learned APP has opposed the prayer for bail, submitting that the petitioner is a member of Maoist Organization.
Having regard to the submission made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sherghati, Gaya/court concerned in connection with Chhakarbandha P.S. Case No.03 of 2019, subject to the following conditions :
Patna High Court CR. MISC. No.4990 of 2022(2) dt.09-06-2022 3/3
(i) The bail bond of the petitioner will be accepted only after framing of charge, if already not framed.
(ii) One of the bailors will be a close relative of the petitioner, preferably one of the parents.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
2 issues framed by the court
Whether the petitioner, a member of a banned organization held in custody since August 2021, is entitled to bail.
Whether the defect in the arrest or inclusion in the case file should be rectified before refusal of bail.
Mandeep Yadav
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
