Patna High Court - Orders
Ram Pravesh Baitha vs The State Of Bihar on 17 March, 2016
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2378 of 2016
Arising Out of PS.Case No. -80 Year- 2013 Thana -MINAPUR District- MUZAFFARPUR
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Ram Pravesh Baitha son of Late Yadunandan aitha, resident of Village-
Kauriya, Police Sttaion- Madhuban, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore
For the Opposite Party/s : Mr. Dashrath Mehta (APP)
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
3 17-03-2016Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is accused in connection with Minapur P.S. Case No. 80 of 2013 registered under Sections 147, 148, 149, 341, 342, 323, 436 and 379 of the I.P.C. and 27 of the Arms Act and 17 of the C.L.A. Act.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the petitioner is not named in the F.I.R., as on the basis of the written report of the informant, Sudhir Kumar, Minapur P.S. Case No. 80 of 2013 was instituted against 15-20 unknown extremists. In course of investigation, the name of the petitioner has come through the spy as detailed in paragraph no. 32 of the case diary to Patna High Court Cr.Misc. No.2378 of 2016 (3) dt.17-03-2016 2/2 the effect that this petitioner and others had organized the meeting, thereafter the occurrence took place. Further, submission is that in fact, the petitioner has been made accused in four other cases by the Police, but in all cases, he is on bail and in the present case, petitioner is in custody since 10.03.2014.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Muzaffarpur in connection with Minapur P.S. Case No. 80 of 2013. Out of two sureties, one surety must be the close relatives/parents 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 trial in the Court below. If the petitioner fails to remain present on two consecutive dates during the course of trial without any reasonable cause, the Court concerned would be at liberty to take steps for cancellation of his bail bonds.
(Rajendra Kumar Mishra, J.) Shail/-
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