Ram Jee Kharwar @ Raj Jee Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34108 of 2016 Arising Out of PS.Case No. -673 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== RAM JEE KHARWAR @ RAJ JEE KHARWAR, S/o Baduri Singh, R/o Village- Hasri, P.S.- Nawhatta, District-Rohtas .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Sessions Trial No. 643 of 2015 arising out of Sasaram (Darigaon) P.S. Case No. 673 of 2015 registered under Sections 147, 148, 307, 323, 121 of the I.P.C. and 25(1-b)A, 26 and 35 of the Arms Act and 17 C.L.A. Act.

The accusation is that on receiving information about gathering of Nexalites Group in the forest, the informant, A.S.I. Maheshwar Mahtha along with others reached there. In that course, firing was started from both the sides. At that time, one M.C.C. Maowadi Sangathan was arrested by the Police and on search, one country made rifle with magazine

Patna High Court Cr.Misc. No.34108 of 2016 (2) dt.17-08-2016 2/3 containing two live cartridges, 14 live cartridges, 31 empty cartridges and some literature of Naxalite Books were recovered, who disclosed 17 names of his associates including the petitioner.

Submission is that name of the petitioner has been disclosed by one co-accused Laxmi Singh Kharwar, who was apprehended by the Police. Except that, there is nothing against the petitioner. Further submission is that while the petitioner is accused in Nauhatta P.S. Case No. 35 of 2015 but in that case, he is on bail and in the present case, petitioner is in custody since 14.07.2015.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Rohtas at Sasaram in connection with S. Tr. No. 643 of 2015 arising out of Sasaram (Darigaon) P.S. Case No. 673 of 2015. Out of two sureties, one surety must be the close relatives/parents of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of trial in the Court below. If the

Patna High Court Cr.Misc. No.34108 of 2016 (2) dt.17-08-2016 3/3 petitioner fails to remain present on two consecutive dates during the course of trial without any reasonable cause, the Court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) Shail/- U T