Ajit Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27590 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Ajit Kumar,

2. Ajay Sahni @ Ajay Kumar, Both sons of Bindu Sahni, All residents of village - Tariya, P.S. - Khudani, District - Muzaffarpur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-07-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Kudhani P.S. Case No. 98 of 2016, registered under Sections 10, 11, 13, 17, 18, 18A, 19, 20 and 38 of the U.A.P. Act. The accusation is that on receiving secret information about gathering of the extremists to blast the railway track near the bridge of village Tariya. Thereafter, Police personnel reached there and three persons, including the petitioners, were apprehended and others succeeded to flee away. The petitioners and one Gulab Chand Ram, who were apprehended by the Police, disclosed the name of his other

Patna High Court Cr.Misc. No.27590 of 2016 (2) dt.11-07-2016 2/2 associates.

Learned counsel for the petitioners submits that both the petitioners are own brother and they have been falsely implicated in this case merely on suspicion. Moreover, it would appear from the seizure-list that no incriminating material has been recovered from the petitioners, except pamphlet of CPI Maobadi. Further submission is that petitioners having no criminal antecedents are in custody since 29.03.2016. Having regard to the facts and the circumstances of the case, the petitioners, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge-cum-Spl. Judge, Muzaffarpur in connection with Kudhani P.S. Case No.98 of 2016. Out of two sureties, one surety must be the close relative of the petitioners, who will file an affidavit showing his relation with the petitioners.

(Rajendra Kumar Mishra, J) manish/- U T