Bablu Tuddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50388 of 2015 Arising Out of PS.Case No. -33 Year- 2013 Thana -CHANAN District- LAKHISARAI ====================================================== Bablu Tuddu Son of Raman Tuddu Resident of Village- Kandni P.S Kharagpur District Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar, Advocate For the Opposite Party : Mr. Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Chanan P.S.Case No.33 of 2013 pending in the Court of CJM, Lakhisarai registered for an offence under Sections 147, 148, 149, 302, 307, 427 and 120B of the IPC and Section 27 of the Arms Act and Sections 16, 18, 18(B) and 20 of the UAP Act, Sections 3/4 of the Explosive Substance Act and Sections 150, 151 and 152 of the Railway Act.

It is alleged by the informant that the members of the banned organization, Naxalite in order to destabilize the Government at the cost of life of innocent persons hurled bomb, made indiscriminate firing over Train No.13331 UP and during

course thereof, one of the members of escort party, two passengers were killed while others also sustained injuries including that of informant. They have also snatched away weapons from the possession of escort party and looted away belongings of some of the passengers. Miscreants were shown more than hundred in number having variously armed.

Learned counsel for the petitioner submits that the petitioner is in custody since 02.03.2015. Charge-sheet has been submitted in the case. There is no allegation of tampering of witnesses against the petitioner. Petitioner is not named in the FIR. General and omnibus allegations have been made against him. It has been submitted that other co-accused has been granted bail by this Court vide Annexure-1 to the present application but taking into account the gravity of the offence the said plea of the petitioner cannot be accepted.

On behalf of the State, it is submitted that hundred of Maoist had attacked train in which some of the railway employees and police personnel were done to death and arms of the police were also snatched away. The matter is of a very serious nature. From the possession of the petitioner, arms have also been recovered for which a separate case has been registered. Considering the aforesaid facts and circumstances and

taking into the gravity of the offence, I am not inclined to grant bail to the petitioner, the same is rejected. The court below is directed to expedite the trial. (Sudhir Singh, J) B.Kr./- U T