The High Court granted bail to the petitioner in a criminal case involving alleged Maoist activities and possession of restricted weapons under IPC and CLA Act, requiring a bail bond of Rs. 10,000 with two sureties.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9241 of 2019
Arising Out of PS. Case No.-1 Year-2013 Thana- GOH District- Aurangabad
======================================================
Vira Das @ Bira Das @ Bira Ravidas Son of Late Munna Das Resident of Village - Kamalachak, Police Station- Kasma, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Tej Narayan Singh For the Opposite Party/s : Mr.Gulnar Begum ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 18-07-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 387 of the Indian Penal Code and 17 of C.L.A. Act.
Prosecution case, in short, is that while the informant along with Laldeo Yadav and Ravi Kumar was guarding bridge, under construction near village Jaitiya, 8-10 unknown miscreants wielding ammunited weapons and lathi reached there. They took out the informant and others and tied their hands with muffler. They branded themselves as Maoist and asked them to stop the work since levy was not being paid to the outfit.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.9241 of 2019(4) dt.18-07-2019 2/2
the petitioner is in custody since 02.09.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on confessional statement of co-accused. There is no specific overt act alleged against the petitioner.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Goh P.S. case No.01 of 2013.
(Sudhir Singh, J)
Narendra/-
1 issue framed by the court
Whether the petitioner, charged in connection with alleged Maoist activities and sections of IPC and CLA Act, is entitled to be released on bail.
2 provisions across 2 enactments
Vira Das @ Bira Das @ Bira Ravidas
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
