Patna High Court - Orders
Shashi Bhuiyan @ Ravi Bhuiyan vs The State Of Bihar on 1 April, 2022
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50804 of 2021
Arising Out of PS. Case No.-6 Year-2020 Thana- LUTUA District- Gaya
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SHASHI BHUIYAN @ RAVI BHUIYAN S/O SHRI BHUIYAN R/o village-
Asurain, P.S.- Lutua, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Md. Jubair Ansari
For the Opposite Party/s : Mr.Nawal Kishore Prasad
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 01-04-2022Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.
The petitioner seeks regular bail in connection with Lutua Police Station Case No. 06 of 2020, registered for the offences punishable under Sections 147, 148, 149, 353, 307, 120(B), 124(A), 121, 122 of the Indian Penal Code, Section 27 of the Arms Act and Sections 16, 18, and 20 of U.A.P. Act.
The prosecution case, as per the First Information Report, is that the Police got information that some naxal activities were going on, proceeded towards the place of occurrence where the exchange of fire between the Police personnel and naxalite group took place and several documents and leaflets of the naxalite group were recovered from the side Patna High Court CR. MISC. No.50804 of 2021(2) dt.01-04-2022 2/3 of the naxalite and one person, namely, Gagan Singh Bhokta, was arrested by the Police.
Learned counsel for the petitioner submits that it is correct that the petitioner was a member of naxalite group and was involved in some naxal activities, but on pursuance of the Government and the Police Authority, the petitioner decided to come out of the naxalite group and lead his normal life in the main stream of the Society and with that intention, a meeting was arranged between the Police authority and some members of naxalite group, including the petitioner, who surrendered before the Police on 29.7.2020 which would be evident from Annexure-2 to this Bail application. He further submits that similarly situated co-accused, namely, Mandeep Yadav, has been granted bail by this Court, vide order, dated 25.03.2022, passed in Criminal Misc. No. 49933 of 2021. He further submits that the petitioner is in custody since 29.9.2020 and charge sheet has already been submitted.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that now the petitioner wants to come in the main stream of the society in order to lead a peaceful life which would be evident from Annexure-2 to this bail application and similarly Patna High Court CR. MISC. No.50804 of 2021(2) dt.01-04-2022 3/3 situated co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed. Let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Lutua Police Station Case No. 06 of 2020.
(Anil Kumar Sinha, J.) Prabhakar Anand/-
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