Patna High CourtCR. MISC./42878/2016bail granted

Dinesh Ram v. The State Of Bihar

2017-01-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42878 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Dinesh Ram Son of Bhola Ram Resident of Village- Kuahahar, P.S. - Tariyani, District Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 121, 121A, 120B of the Indian Penal Code and 3, 4 and 5 of the Explosive Substance Act and 18, 18A, 18B, 19 and 20 U.A.P. Act.

The prosecution case, in brief, is that informant, as per direction, proceeded to start a combing operation against the Naxalites. During operation he apprehended petitioner along with other persons and two detonators were recovered from his possession.

It has been submitted on behalf of petitioner that he is in custody since 16.2.2016. Chargesheet has been submitted against petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. Petitioner has been made accused due to mistake of fact. He has got no concern with the Maoist activity. Other co-accused person has been granted bail vide Cr. Misc. no. 46147 of 2017. On behalf of the State, it is submitted that petitioner is

Patna High Court Cr.Misc. No.42878 of 2016 (3) dt.09-01-2017 2/2 named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Muzaffarpur, in connection with Motipur P.S. Case no. 31 of 2016.

(Sudhir Singh, J) sudip/- U T