Surendra Ram @ Jayant @ Sagar @ Vikash @ Surendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59955 of 2025 Arising Out of PS. Case No.-48 Year-2020 Thana- LAUKARIA District- West Champaran ====================================================== Surendra Ram @ Jayant @ Sagar @ Vikash @ Surendra Kumar S/O Chandradev Ram R/O Village- Kashipakdi, P.S- Rajepur, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Gupta For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Laukariya P.S. Case No. 48/2020 dated 10.07.2020 registered for the offences punishable u/ss 147, 148, 149, 332, 333, 307, 353, 414, 120B read with section 34 of the Indian Penal Code and sections 25(1-A) 25(1AA), 26, 27, 35 of the Arms Act and sections 16, 18, 20 UAP Act and 3⁄4 of Explosive Act.
3. As per the prosecution case, on receiving information about the accused persons belonging to the zonal committee of Maoist group having gathered, it is stated that police teams were constituted and they proceeded towards the
Patna High Court CR. MISC. No.59955 of 2025(2) dt.03-09-2025 2/3 accused persons. It is further alleged that the Naxalites carried out I.E.D. blast and started indiscriminate firing on the police personnel. A number of persons on the informant's side were injured and in the counter firing by police, four accused persons were killed. Large number of incriminating articles including AK-47 rifles, detonators, cartridges etc. were recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 26.04.2024 passed in Cr. Misc. No. 17852 of 2024. It is further submitted that out of total 20 charge-sheeted witnesses only 11 witnesses have been examined. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 24.08.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.59955 of 2025(2) dt.03-09-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bagaha, West Champaran in connection with Laukariya P.S. Case No. 48/2020, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T