Jharkhand High Court
Prabhash Yadav @ Prabhash @ ... vs The State Of Jharkhand on 20 September, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1309 of 2023
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Prabhash Yadav @ Prabhash @ Prabhat Yadav, aged about 34 years, son of
Kameshwar Yadav, resident of village Bhaghwa P.O. & P.S. Bonsi, District-
Banka (Bihar).
....... Appellant
Versus
The State of Jharkhand ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Ankit Kumar, Advocate
For the Respondent : Mr. Shailendra Kr. Tiwari, APP
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th
05/Dated: 20 September, 2023
1. The instant appeal filed under Section 21(4) of the National Investigation
Agency Act, 2008, is directed against the order dated 11.05.2023 passed by
the learned Additional Sessions Judge-I, Deoghar in B.P. No.283 of 2023,
whereby and whereunder, the prayer for regular bail of the appellant in
connection with Rikhiya P.S. Case No. 02 of 2018 corresponding to G.R.
Case No. 83 of 2018 registered under Sections 399, 402 of IPC; under
Section 3, 4 and 5 of Explosive Substance Act, has been rejected.
2. Learned counsel for the appellant has submitted that it is a case where the
appellant has falsely been implicated based upon the confession of Deepak
Rajak @ Bagha.
3. It has been submitted that save and except the confession as made by these
two named accused persons, no incriminating material has been recovered as
would be evident from the first information report and even on consideration
of the prayer for regular bail by the learned trial court.
4. Learned counsel for the appellant has submitted that the said Deepak Rajak
@ Bagha and one another co-accused person Vikas Kumar have been
directed to be released on bail vide order dated 05.07.2018 passed in B.A.
No. 4482 of 2018, hence, submission has been made that the case of the
appellant stands on better footing to that of the said Deepak Rajak @ Bagha
and Vikas Kumar.
5. While on the other hand, Mr. Shailendra Kr. Tiwari, learned Additional
Public Prosecutor has vehemently opposed the prayer for bail.
6. We have heard the learned counsel for the parties and perused the finding
recorded by the learned trial court in the impugned order.
7. It is evident from the first information report that the appellant is not named
in the FIR and his name has been surfaced in course of investigation based
upon the confession of Deepak Rajak @ Bagha who has been directed to be
released on bail vide order dated 05.07.2018 passed in B.A. No. 4482 of
2018.
8. It also appears that the Deepak Rajak @ Bagha has subsequently been
acquitted from the criminal liability vide judgment dated 22.06.2023 passed
in Sessions Trial No. 128 of 2018.
9. This Court taking into consideration the fact that the basis of implication of
the appellant is the confession made by Deepak Rajak @ Bagha and Vikas
Kumar who have been directed to be released on bail, therefore, we are of the
view that the impugned order needs interference.
10. Accordingly, the order dated 11.05.2023 passed in B.P. No.283 of 2023 in
connection with Rikhiya P.S. Case No. 02 of 2018, is hereby quashed and set
aside.
11. In view thereof, the instant appeal stands allowed.
12. In consequence thereof, the appellant, 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
learned Additional District Judge-III, Deoghar in connection with Rikhiya
P.S. Case No. 02 of 2018 subject to the condition that the appellant will
cooperate in the trial and shall appear on each and every date before the
learned trial court, failing which, the learned trial court is at liberty to take
appropriate course in accordance with law.
13. Accordingly, the instant appeal stands disposed of.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Saurabh/-
