Subash Gupta @ Chandan @ Sushant @ Sawant And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.500 of 2015 Arising Out of PS.Case No. -313 Year- 2013 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Subash Gupta @ Chandan @ Sushant @ Sawant S/o Devendra Gupta @ Devnarayan Gupta resident of village - Jahanbad, P.S. Lalganj, District - Vaishali

2. Ram Balak Paswan @ Dhiraj Jee @ Rajat Jee S/o Yogendra Paswan resident of village - Tariyani Chhabra, P.S. Tariyani, District - Sheohar .... .... Petitioners

Versus

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

For the Petitioners : Mr. Aditya Narayan Singh-1 For the Opposite Party : Mr. Md. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2015 Petitioners are languishing in custody since 25.03.2014 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 387, 435, 506 of the I.P.C, Section 17 of the Criminal Law Amendment Act. It is alleged that during combing operation, it was found that the F.I.R named accused persons along with 25-30 unknown were imparting training of extremism to the innocent people.

It is submitted by learned counsel for the petitioner that petitioner was not named in the First Information Report and his name sprang up during investigation. A statement has been made in para 5 and 6 of the petition that neither any recovery has been made nor petitioner has been put on Test Identification Parade till date. It

Patna High Court Cr.Misc. No.500 of 2015 (3) dt.06-02-2015 2/2 is further submitted that co-accused has been granted bail vide Cr. Misc. No. 34939 of 2014. Though the petitioner is accused in seven other cases but he is on bail in all such cases and in all such cases the petitioner has been implicated in the similar manner.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur in connection with Sahebganj P.S. Case No. 313 of 2013.

Considering the serious criminal antecedent of the petitioner, let learned Court below cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for three consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T