Patna High CourtCR. MISC./85346/2024bail granted

Pampal Rai @ Parwal Rai v. The State Of Bihar

2025-02-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85346 of 2024 Arising Out of PS. Case No.-21 Year-2017 Thana- BARHAT District- Jamui ====================================================== Pampal Rai @ Parwal Rai Son of Girdhari Rai Resident of VillageGurmaha , PS Barhat, Distt.- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 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 Sessions Trial No. 399/ 2024 arising out of Barhat P.S. Case No. 21 of 2017 dated 02.05.2017 registered for the offences punishable u/ss 147, 148, 149, 121, 121A, 307 and 120B of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substance Act and Sections 16, 18, 20, 21 and 22 of the U.A.P.A. Act.

3. As per the prosecution case, the petitioner along with other leaders of Naxalite organization and 50 to 60 unknown Naxalites had gathered in Gurmaha forest to commit some serious crime. On the said information, a team was formed and search was made. All the Naxalites successfully escaped from the spot. On search of full forest, bomb squad team found land mines and then they took out the mines and checked them and its weight was found about five kilos. Thereafter, the bomb was destroyed on the spot.

Patna High Court CR. MISC. No.85346 of 2024(2) dt.05-02-2025 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case merely on suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.03.2024.

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 above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Sessions Trial No. 399/2024 arising out of Barhat P.S. Case No. 21 of 2017.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T