Subhash Gupta @ Chandan @ Sushant @ Samant And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15035 of 2015 Arising Out of PS.Case No. -16 Year- 2013 Thana -DEORIYA District- MUZAFFARPUR ======================================================
1. Nawal Ram @ Nawal Kishore Ram Son of Kishun Ram Resident of Village : Vishunpur Saraiya, Police Station : Deoriya, District : Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.15511 of 2015 Arising Out of PS.Case No. -16 Year- 2013 Thana -DEORIYA District- MUZAFFARPUR ======================================================
1. Subhash Gupta @ Chandan @ Sushant @ Samant S/o Devendra Gupta @ Devnarayan Gupta resident of Village - Jahanbad, P.S. Lalganj, District - Vaishali.
2. Ram Balak Paswan @ Dhiraj Jee @ Rajat Jee @Ram Babu Paswan S/o Yogendra Paswan resident of village - Tariyani Chhabra, P.S. Tariyani, District - Sheohar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.15035 of 2015) For the Petitioner/s : Mr. Prafull Chandra Jha For the Opposite Party/s : Mr. Shakir Ahmad (App) (In Cr.Misc. No.15511 of 2015) For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 9.4.2014 in a case registered for the offences punishable under
Patna High Court Cr.Misc. No.15035 of 2015 (2) dt.12-05-2015 2/3 Sections 147,148,149,307,399,402 and 120B of the Indian Penal Code,, sections 3,4 and 5 of Explosive Substances Act and section 17 of the Criminal Law Amendment Act.
On confidential informant to the police that the extremists have planted land mines with a view to kill the police personnel, the police personnel went to the place of plantation, defused the land mines and local people suggested the names of several persons who planted the land mines.
It is submitted by the learned counsel for the petitioner petitioner Nawal Ram that at much belated stage his name sprang up on suspicion and neither there is any recovery nor there is any eye witnesses to plantation of land mines. Learned counsel for the petitioners Subhash Gupta and Ram Balak Paswan submits that only on suspicion the petitioners have been roped in the present case and in fact no explosive was recovered nor the seizure suggests that actually any land mines were planted. It is further submitted that the investigation has already concluded and co acused Saheb Sahni and Rohit Sahni have been granted bail vide Cr. Misc. Nos. 16395 and 38666 of 2014.
Considering the aforesaid facts, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to
Patna High Court Cr.Misc. No.15035 of 2015 (2) dt.12-05-2015 3/3 the satisfaction of learned 4th Additional Sessions Judge, Muzaffarpur in connection with Deoriya P.S. Case No. 16 of 2013.
Considering the criminal antecedent of the petitioners, the learned court below shall be at liberty to cancel the bail bonds of the petitioners in case the petitioners get involved in serious offence or default without any reasonable cause on three consecutive occasions.
(Dinesh Kumar Singh, J) Anil/- U T