Suresh Kahar @ Singh @ Suresh Chandrawansi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23907 of 2023 Arising Out of PS. Case No.-135 Year-2006 Thana- WAJIRGANJ District- Gaya ====================================================== Suresh Kahar @ Singh @ Suresh Chandrawansi Son Of Ram Kishun Ram @ Ram Kishun Kahar R/V- Kaji Bigha, P.S- Tankuppa, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Veer, Advocate For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Wazirganj (Tankuppa) P.S. Case No. 135 of 2006 dated 04.07.2006, instituted for the offence punishable under Sections 147, 148, 149, 302, 307, 353, 452, 333, 427, 342 of the Indian Penal Code, Section 27 of the Arms Act, Section 3, 5 of Explosive Substance Act, Section 17 of C.L.A. Act and Section 3 of the Prevention of Damage to Public Property Act.
3. The prosecution case, in brief, is that on 03.07.2006 at about midnight, incriminating firing started on police personnel on which informant directed them to fire in selfdefence which continued for three hours. It is further alleged
Patna High Court CR. MISC. No.23907 of 2023(2) dt.23-05-2023 2/3 that the miscreants claimed to belong to Maoist group and caused blast in police station and shot police personnel due to which many got injured and few of the officers have died.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that name of the petitioner is disclosed by the Choukidar namely, Ashok Singh. He further submitted that there is no specific allegation against the petitioner and petitioner is an advanced age person of about 70 years. It is further submitted that the F.I.R. was lodged against 29 named accused persons and 300-400 unknown M.C.C. extremist. It is submitted that several accused persons have been granted bail by the different Benches of this court whose details are mentioned in Annexure-2 series. Lastly, it has been submitted that the petitioner is in custody since 28.09.2022 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of
Patna High Court CR. MISC. No.23907 of 2023(2) dt.23-05-2023 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gaya in Wazirganj (Tankuppa) P.S. Case No. 135 of 2006.
(Khatim Reza, J) Sankalp/- U T