Ashok Singh Bhokta @ Ashok Kumar Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23522 of 2020 Arising Out of PS. Case No.-7 Year-2019 Thana- DUMARIYA District- Gaya ====================================================== ASHOK SINGH BHOKTA @ ASHOK KUMAR BHOKTA S/o Chhatan Singh Resident of Village- Kokna, P.S.- Chakar banda, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Dumariya P. S. Case No. 07

Patna High Court CR. MISC. No.23522 of 2020(2) dt.15-09-2020 2/3 of 2019 instituted for the offence under Section(s) 147,148,149, 341, 323, 504, 452, 436 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act and Sections 16,18, 20 and 23 of the U.A.P. Act.

The FIR discloses that certain naxalites variously armed have come to the house of the informant exploded bomb etc. The petitioner, name has later on transpired in the instant case based on confessional statement of one of the co-accused. Petitioner's counsel submits that his prior prayer for bail was rejected on 05.02.2020 in Cr. Misc. no. 6063 of 2020 with liberty to renew prayer for bail after submission of charge sheet. He submits that charge sheet (Annexure-4) has already been submitted on 16.03.2020. The other co-accused, including the co-accused, on whose confessional statement, name of the petitioner transpired, namely, Tuntun Singh Bhokta @ Tuntun Singh Bhokhta has also been granted regular bail. The learned APP opposed the prayer for bail by submitting that the petitioner has indulged in Naxalite activities. Considering the aforesaid, let the petitioner, above named, 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 the JM 1st Class Sherghati, Gaya, in

Patna High Court CR. MISC. No.23522 of 2020(2) dt.15-09-2020 3/3 connection with Dumaria P.S. Case No. 07 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T