Mahesh Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31711 of 2021 Arising Out of PS. Case No.-285 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== Mahesh Uraon S/o Late Thagai Uraon R/o village- Shivnaha, P.S.- Valmiki Nagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

26-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Saraiya P.S. Case No. 285 of 2017, registered for the offence under Sections 25(1-b)a, 26, 25(1-A), 25(1-AA), 25(1-AAA), 35 of the Arms Act, Section 3 / 4 of the Explosive Substance Act and Sections 16, 17, 18, 19, 20, 21 of the U.A.P. Act.

On a secret information that group of naxalites have convened a meeting, a raid was conducted and it is alleged that people assembled there escaped away except one Om Prakash Paswan, who was apprehended by the police and disclosed the names of other participants including this petitioner. It is submitted on behalf of petitioner that petitioner has been named in the F.I.R. on the confessional statement of co-accused Om Prakash Paswan and save & except this, there is no material against this petitioner. No incriminating article has

Patna High Court CR. MISC. No.31711 of 2021(2) dt.26-08-2021 2/2 been recovered from the possession of this petitioner. Petitioner is in custody since 15.10.2020. Chargesheet has already been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. 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 learned Sessions Judge cum Special Judge, Muzaffarpur in connection with Saraiya P.S. Case No. 285 of 2017, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T