Basudeo Rana @ Basudev Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36659 of 2025 Arising Out of PS. Case No.-2 Year-2005 Thana- SONO District- Jamui ====================================================== Basudeo Rana @ Basudev Rana S/o- Late Wajir Rana @ Baijnath Rawat @ Baijnath Rana R/Vill- Paharpur, P.S.- Sona, Distt- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sono P.S. Case No. 02 of 2005 instituted for the offence under Sections 147, 148, 149, 352, 307, 414 & 121 of the Indian Penal Code, Sections 25(1-b)a, 26 & 27 of the Arms Act, Sections 3/5 of the Explosive Substance Act and Section 17 of the CLA Act. 3.

On 11.01.2005, police acting on secret information raided 'Pahar Baba Jungle', where 20-25 armed naxalites in police uniform opened fire, leading to a counter-attack. Two accused, Mangal Rai and Bhola Thakur, were apprehended and arms, cartridges, cash, and naxalite literature were recovered. They disclosed the names of other fleeing associates, including

Patna High Court CR. MISC. No.36659 of 2025(6) dt.22-09-2025 2/3 the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22-11-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that neither petitioner has been apprehended from the alleged place of occurrence nor anything has been recovered from his possession and he has been implicated in the instant case on mere suspicion on the basis of confessional statement of co-accused, namely, Mangal Rai and Bhola Thakur. There is no specific allegation against the petitioner, hence, petitioner deserves the privilege of bail.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no specific allegation against the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.36659 of 2025(6) dt.22-09-2025 3/3 bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sono P.S. Case No. 02 of 2005, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T