IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33355 of 2011 Bahadur Yadav son of late Bali Yadav, resident of Village- Jamuar, Police Station-Dehri-on-sone, District-Rohtas. .....Petitioner Versus The State Of Bihar .....Opposite Party ----------------------------------
02 12.10.2011 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with
Amas P.S. Case No. 95 of 2010 for the offences punishable
under section 4/5 of Explosive Substances Act and section
17 of C.L.A. Act.
Learned counsel appearing on behalf of
petitioner submits that petitioner is innocent and has been
falsely implicated in this case only on the basis of the
confessional statement of co-accused Krishna Kumar
Sharma, who is arrested on the spot with explosive
substance.
On perusal of the First Information Report, it
appears that Krishna Kumar Sharma and Prabhu Tiwari
was arrested on the spot with dumpher from which about
1500 K.G. of explosive, recovered in three bags by the
informant, who is police officials on reaching at the spot
receiving secret information while two persons succeeded
to flee away. Accused Krishna Kumar Sharma has
2
disclosed the name of the petitioner who succeeded to flee
away.
Under the facts and circumstances of this case
and nature of offence, I am not inclined to grant bail to the
petitioner. However, the petitioner will be at liberty to
renew his prayer for bail after six months.
(Rajendra Kumar Mishra, J.)
Safik