IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35867 of 2020

Arising Out of PS. Case No.-106 Year-2017 Thana- LAXMIPUR District- Jamui

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PRAKASH DAS son of Baleshwar Das Resident of Village- Jawatari, P.S.-

Barhat, District- Jamui

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Akash Raj

For the Opposite Party/s :

Mr.APP

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

ORAL ORDER

3

12-04-2021

Heard both sides.

The petitioner apprehends his arrest in Laxmipur P.S.

Case No.106 of 2017 registered under Sections 120A, 121A and

122 of the Indian Penal Code, Sections 3 and 4 of Explosive

Substance Act and Sections 16, 17, 18, 19, 20 and 21 of U.A.P.

Act.

The informant received information that some naxals

have assembled in the area of Tetaria and Dhaman Kunda forest.

A raiding team was constituted under the leadership of S.P.,

Jamui and they made raid. After seeing the police, some persons

fled away but one Sunil Das was apprehended. A cane bomb and

an electronic detonator were recovered. Sunil Das is said to

have disclosed that Arvind Murmur, Lalo Das, Birendra Das and

Prakash Das(the petitioner) managed to flee away.

The learned counsel for the petitioner submits that all

the allegations are false and concocted. The petitioner resides in

Bangalore and he is a daily wages labourer. He has no

knowledge about his implication in the case. Sunil Das was

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apprehended by the police. Sunil Das is the brother-in-law of the

petitioner. Sunil Das is also daily wages worker and he worked

in Delhi. Sunil Das returned to his native village for the purpose

of marriage of his daughter and he was arrested by the police. It

is further submitted that petitioner has got no criminal

antecedent. The police themselves planted cane bomb and

detonator in order to implicate the innocent villagers but it

appears from perusal of the F.I.R. itself that a team was

constituted under the leadership of S.P., Jamui and when raid

was made by the police personnel, many persons fled away

from the place of occurrence. One Sunil Das was apprehended

and he disclosed the name of the petitioner and others who

managed to flee away. From the place of occurrence, explosive

substances were recovered. The petitioner is found to be a

member of banned organization.

Taking into consideration the facts aforesaid, I am not

inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the same is rejected.

Saurabh/-

(Prabhat Kumar Jha, J)

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