Oral order granting bail to the petitioner arrested under IPC and Arms Act charges for alleged Maoist assembly. Bail bond of Rs. 10,000 and sureties fixed with conditions.
Petitioner directed to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of like amount each.
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Patna High Court Cr.Misc. No.43398 of 2012 (3) dt.08-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43398 of 2012
====================================================== Ramesh Kumar @ Ramesh Sahani @ Ramesh Kumar Kuswaha, son of Harihar Sahani, Resident of Village- Basahiya, P.S. Panapur, District-Saran. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 08-04-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Kesaria P.S. Case No. 32 of 2011, registered under Section 307 and other allied Sections of Indian Penal Code and Sections 25(1b), 26, 27 and 35 of the Arms Act as well as Section 17 of C.L.A.Act.
It is alleged that on secret information that a members of prohibited C.P.M. (Maoist) were assembled in village of Darmaha Kasbe Tola, police raided the said village and petitioner along with other accused persons arrested on the spot. From the possession of the petitioner one .303 rifle along with live cartridges has been recovered.
Learned counsel for the petitioner submits that there is no specific allegation against the petitioner and the petitioner is in jail custody since 15. 03. 2011.
Having regard to the facts and circumstances of the case,
Patna High Court Cr.Misc. No.43398 of 2012 (3) dt.08-04-2013
the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kesaria P.S. Case No. 32 of 2011, subject to condition that petitioner will file Hazri at the office of Superintendent of Police, Motihari, East Champaran, once in a fortnight for one year and he will not indulge in such activity in future.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether the petitioner should be released on bail in a case of alleged involvement with prohibited Maoist activities.
Ramesh Kumar @ Ramesh Sahani @ Ramesh Kumar Kuswaha
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
