Patna High Court - Orders
Bindeshwari Giri & Anr. vs The State Of Bihar on 26 June, 2014
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53559 of 2013
Arising Out of PS.Case No. -151 Year- 2013 Thana -GHORASAHAN District-
EASTCHAMPARAN(MOTIHARI)
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1. Bindeshwari Giri Son Of Late Punit Giri Resident Of Majirwa, Tola -
Pathkhoulia, P.S. - Lakhoura, District - East Champaran
2. Saheb Rai @ Jai Prakash Kumar Son Of Ramashray Rai Resident Of
Dhumnagar, Fatehpur, P.S. - Lakhoura, Distt. - East Champaran
.... .... Petitioner/s
Versus
1. The State Of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tandon, Advocate.
For the Opposite Party/s : Mr. Ram Sewak Choudhary, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
3 26-06-2014Heard learned counsel for the petitioners and learned A.P.P. representing the State.
The petitioners apprehend their arrest in connection with Ghorasahan (Lakhoura) PS Case No. 151 of 2013 instituted for offence punishable under sections 25(1-b)A, 26 and 35 of the Arms Act and sections 3, 4 and 5 of the Explosives Substance Act.
Accusation is that some persons were arrested when search was made and arms and ammunition were seized and who disclosed the names of five other persons including these petitioners who are said to have fled away.
It is submitted that the petitioners were not Patna High Court Cr.Misc. No.53559 of 2013 (3) dt.26-06-2014 2/3 apprehended on the spot nor any recovery has been made from them. The petitioners have been granted anticipatory bail in Ghorasahan (Lakhura) PS Case No. 152 of 2013 by this court by order dated 30.4.2014 passed in Cr. Misc. No. 19343 of 2014 arising out of the same occurrence which was instituted under the penal sections and section 17 of C.L.A. Act.
Learned A.P.P. on the basis of paragraph no.21 of the case diary submits that petitioner no.1 is a C.P.I. leader who runs a parallel Government in the area. Petitioner no.1 is also accused in several other criminal cases of serious nature. He is, however, unable to point out any substantive material against petitioner no.2 from the case diary.
Having regard to the entirety of the facts and circumstances of the case, the nature of accusation and the criminal antecedent of petitioner no.1, this court is not inclined to grant the privilege of anticipatory bail to him and as such the bail petition of petitioner no.1 is dismissed.
As regards Saheb Rai @ Jai Prakash Rai, petitioner no.2, let him be released on anticipatory bail in the event of his arrest or surrender in Ghorasahan (Lakhoura) PS Case No. 151 of 2013 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Sub Patna High Court Cr.Misc. No.53559 of 2013 (3) dt.26-06-2014 3/3 Divisional Judicial Magistrate, Sikrahna at Motihari subject to the conditions laid down under section 438 (2) of the Code of Criminal Procedure.
(Vikash Jain, J) haque/-
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