Single judge order granting bail to the petitioner accused in a case involving gathering of extremists and possession of firearms, directing release on furnishing bail bond with sureties under conditions.
Petitioner directed to be released on bail on furnishing bail bond of Rs.10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19798 of 2016
Arising Out of PS.Case No. -249 Year- 2010 Thana -MADANPURA District- AURANGABAD
====================================================== Ramlagan Bhuiyan, S/o Late Bhajan Bhuiyan, R/o Village - Sahiyari, P.S. - Madanpur, District - Aurangabad (Bihar). .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 12-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Madanpur P.S. Case No. 249 of 2010, registered under Sections 147, 148, 149, 307 and 353 of the Indian Penal Code, Section 25(1-b) a, 26, 27 and 35 of the Arms Act and Section 17 of the C.L.A. Act.
The accusation is that on receiving secret information about gathering of the extremists at the house of the petitioner, the Police raided the house of the petitioner, but 20 to 25 extremists succeeded to flee away. On search, country made pistol, electronics flash trigger, military uniform and belt etc. were recovered. At that time, the Chowkidar and others identified 13 persons, including the petitioner, who succeeded to
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flee away.
Learned counsel for the petitioner submits that, in fact, at the time of raid, petitioner was not present at the house, which is in joint occupation of his three brothers. The petitioner having no criminal antecedent is in custody since 07.10.2015.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 249 of 2010. Out of two sureties, one surety must be the parents/close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.
(Rajendra Kumar Mishra, J)
manish/U T
1 issue framed by the court
Whether the criminal petitioner deserves release on bail in the criminal case under sections 147, 148, 149, 307, 353 IPC etc.
Ramlagan Bhuiyan
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
