Patna High CourtCR. MISC./37603/2016bail granted

Ram Dular Kharwar @ Nawal v. The State Of Bihar

2016-09-09Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.37603 of 2016 (2) dt.09-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37603 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Ram Dular Kharwar @ Nawal Son of late Bisheshwar Kharwal R/o Village- Salama P.S. Nauhatta, District Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 353, 307, 384, 385, 386 of the Indian Penal Code and 25(1-B)a, 26, 27 and 35 of the Arms Act, 3/4 Explosive Substance Act and 13/14 of the U.P. Act and also 17 of the C.L.A. Act.

Neither the petitioner was caught on the spot nor anything was recovered from his conscious possession. It appears that allegation against the petitioner is that he happens to be naxlite and managed to escape from place of occurrence when cross firing took place between police party and Naxlites. Moreover, except the aforesaid allegation as well as criminal

Patna High Court Cr.Misc. No.37603 of 2016 (2) dt.09-09-2016 antecedent of the petitioner, there appears to be nothing against him. The co-accused having similar allegation has already been granted bail by this Court.

Accordingly, the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nauhatta P.S. Case No. 11 of 2015/G.R. No. 226 of 2015. Brajesh/- (Hemant Kumar Srivastava, J) U T