Patna High Court - Orders
Ram Awatar Singh & Ors. vs The State Of Bihar on 31 January, 2013
Author: Gopal Prasad
Bench: Gopal Prasad
Patna High Court Cr.Misc. No.36373 of 2012 (3) dt.31-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 36373 of 2012
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1. Ram Awatar Singh, S/O Late Gogan Singh
2. Chhotelal Singh, S/O Late Chaturi Singh
3. Kedar Singh, S/O Lal Brat Singh
All Residents of Village- Barikarar, Police Station-
Adhaura, District- Kaimur At Bhabua
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
3 31-01-2013Heard learned counsel for the petitioners and learned counsel for the State.
This is a petition for grant of regular bail in a case under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code, Sections 25(1-b)a, 26, 27, 35 of the Arms Act, Sections 3/4 of the Explosive Substance Act, Section 17 of the Criminal Law Amendment Act as well as Sections 10/13 of the Unlawful Activities Act.
The prosecution case as alleged in the First Information Report is that the extremists were seen roaming and thereafter the police party constituted and raid was made. There is allegation of firing and counter- firing. The extremists fled away and three persons were arrested.
From the possession of petitioner no. 1 one cane bomb, from petitioner no. 2 Electric Device fitted with key as well as wires and from petitioner no. 3 three electric detonators wrapped with wire have been recovered.
Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and they are only the poor villagers and are Patna High Court Cr.Misc. No.36373 of 2012 (3) dt.31-01-2013 in jail custody since 23.05.2012.
Learned counsel for the State, however, does not deny the fact and there is no injury on the police party.
Hence, having regard to the facts and circumstances of the case, the petitioners above named are ordered to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Adhaura P. S. Case No. 07 of 2012, G. R. No. 799 of 2012, subject to the condition that one of the bailors shall be the near relative of the petitioners who will file affidavit to the effect that the petitioners have no criminal antecedent which fact should be verified by the learned court below and thereafter the petitioners be released on bail.
(Gopal Prasad, J.) Kundan/-