Bissunpat Bhagat @ Bishnupat Bhokta @ Bishunpat Bhogta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79482 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- LUTUA District- Gaya ====================================================== Bissunpat Bhagat @ Bishnupat Bhokta @ Bishunpat Bhogta S/o Harihar Bhogta, resident of Village- Asurain, P.S.- Lutua, District- Gaya. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Sri Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2019 This application, for grant of anticipatory bail, arises out of Lutua P.S. Case No. 02/2018, disclosing offences under Sections 307, 147, 148, 149, 353, 120B, 121, 121(A), 122, 124(A) of the Indian Penal Code.

Police on information that the Naxals were planting I.E.D., went to the place of occurrence along with the C.R.P.F. to ascertain the said information and found some persons present there and on seeing the police party, they started fleeing away. But the police party chased them and caught two of them and rest succeeded in fleeing away and from the disclosure made by apprehended accused Pankaj Sharma 3 K.g. I.E.D. was recovered and accused further admitted that they are active members of Naxal organization and petitioner is also said to be

Patna High Court CR. MISC. No.79482 of 2018(3) dt.01-03-2019 2/2 one of their associates, who used to get information with regard to movement of the police.

Submission of learned counsel for the petitioner is that apparently nothing has been recovered from the possession of the petitioner and even F.I.R. disclosed that no specific allegation has been attributed to the petitioner. Statement has been made in paragraph - 3 of the petition to the effect that petitioner has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Lutua P.S. Case No. 02/2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T