Sildhar Kora v. The State Of Bihar

Patna High Court Cr.Misc. No.5658 of 2016 (2) dt.28-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5658 of 2016 Arising Out of PS.Case No. -127 Year- 2015 Thana -SONO District- JAMUI ====================================================== Sildhar Kora son of resident of village- Rughania, P.S.- Charkapathar, District- Jamui .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Dr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sono P.S. Case No. 127 of 2015 pending in the Court of learned Sessions Judge, Jamui for the offences instituted under Sections 16, 17, 18, 19, 20 and 21 of the UAPA Act and Sections 3 and 4 of the Explosive Substances Act.

As per the prosecution case huge explosive materials by Naxalite dasta is being supplied in the forest then a raiding team was constituted and informant alongwith raiding party made search operation near village-Tetaria and recovered 50 k.g. Amonium Nitrate in a plastic bag used for explosion and also recovered three detonator attached with electric wire.

Patna High Court Cr.Misc. No.5658 of 2016 (2) dt.28-03-2016 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. Except for the confessional statement of the co-accused, there is no other material to implicate the petitioner in the present case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and from the possession of coaccused explosive substance in heavy quantity is said to have been recovered and the petitioner is involved in the Maoist activities. Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.

Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order taking into account the submissions made on his behalf and if possible the same may be disposed of on the same day.

(Sudhir Singh, J) B.Kr./- U T