Case Facts:
Patna High Court Cr.Misc. No.2098 of 2012 (4) dt.20-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2098 of 2012 ====================================================== B. Subramanium @ Srikant @ Sukant .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 20.04.2012 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 1.5.2011 in a case registered under [STATUTE] , sections 13,18, 20, 21, 23(2) of the U.A. P. Act, 1967 and 17 C.L.A. Act. It is stated that the petitioner and some other accused persons were caught from a room. Nexalite literatures as well as some other articles were recovered from the aforesaid room. It is also stated that involvement of the petitioner was found in some other serious cases and petitioner carries several other cases. Learned counsel for the petitioner submits that having more or less similar allegation one co-accused Vijay Kumar Arya has already been granted bail by this court and moreover, possession of nexalite literatures does not constitute an offence. Although learned Addl. Public Prosecutor opposed the prayer but he could not succeed to show this fact that except nexalite literatures, any other thing has been recovered from the possession of the petitioner. No doubt, first information report reveals that involvement of the petitioner was found in some other cases but in my view, the Patna High Court Cr.Misc. No.2098 of 2012 (4) dt.20-04-2012 aforesaid fact is not a ground to detain the petitioner in the present case. Considering the above stated facts and circumstances as well as submissions of the parties, let the petitioner, B. Subramanium @ Srikant @ Sukant, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Barsoi P.S. Case no. 74/2011 subject to the conditions that one of the sureties shall be local and holder of the landed property and furthermore, petitioner shall attend the learned trial court in person on each and every date for the period of nine months or till conclusion of the trial and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. It is made clear that during the above stated period, if the petitioner lodges in jail in connection with any other cases, the aforesaid condition shall not apply in respect of the petitioner. shahid (Hemant Kumar Srivastava,J)

Applicable IPC Section: 124A

Statute Text:
Section 124A of the Indian Penal Code. Sedition. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, a shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.