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Vijay Kumar Parit @ Vijay Kumar Pandit & ... vs The State Of Bihar on 18 October, 2012

Author: Gopal Prasad

Bench: Gopal Prasad

      Patna High Court Cr.Misc. No.38757 of 2012 (2) dt.18-10-2012




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No. 38757 of 2012
                   ======================================================
                   1. Vijay Kumar Parit @ Vijay Kumar Pandit
                   2. Deepak Kumar Ram
                                                                        .... .... Petitioner/s
                                                    Versus
                   The State of Bihar
                                                                   .... .... Opposite Party/s
                   ======================================================

                   CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
                   ORAL ORDER

2   18-10-2012

Heard 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, 332, 333, 353, 307, 120(B) of the Indian Penal Code, Sections 25, 26, 27 and 35 of the Arms Act, Sections ¾ of the Explosive Substance Act as well as Section 17 of the Criminal Law Amendment Act.

The police on secret information that Maoists have gathered in Dharmaha Kashba Toal, raided and arrested 10 Naxalites including these petitioners. From petitioner Vijay Kumar Pandit a 303 mm rifle and Bindolia containing hundred cartridges and from Deepak Kumar one 303 mm rifle, cartridge as also Bindolia containing 105 cartridges as also other articles were recovered.

Learned counsel for the petitioners submits that the petitioners have got criminal antecedent but they are in jail custody since 15.03.2011.

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 Patna High Court Cr.Misc. No.38757 of 2012 (2) dt.18-10-2012 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Sadar, Motihari, District -East Champaran, in connection with Kesaria P. S. Case No. 32 of 2011, subject to the condition that the petitioners shall file Hazari before the Superintendent of Police once in a fortnight for six months and further the petitioners shall appear in the case on each and every date fixed by the court below and any absence of the petitioners shall be subject to the satisfaction of the court below on reasonable grounds.

(Gopal Prasad, J.) Kundan/-