IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20980 of 2009 SURENDRA SHARMA Versus STATE OF BIHAR With Cr.Misc. No.28525 of 2009 DIN BANDHU SHARMA Versus STATE OF BIHAR ----------- 3 07.08.2009 Heard both sides. Both the applications arising out of the same occurrence giving rise to Akohri Gola P.S. Case No. 6/2009. The present order shall govern both the cases. Counsel for the petitioner appears in support of Cr.Misc. No.20980 of 2008 (Surendra Sharma Versus State of Bihar). No body appears on behalf of the petitioner in Cr.Misc. No. 28525 of 2009. As per the allegation in the F.I.R. the police on getting confidential information raided the house of petitioner Din Bandhu Sharma. It is alleged that the present two petitioners along with son of the petitioner were found there and arrested in the house itself where a mini gun factory was allegedly run. It is alleged that petitioner Surendara Sharma (stranger to the family of the 2 petitioner, Din Bandhu Sharma) was found in possession of one rife. Learned counsel appearing in support of Cr.Misc. No. 20980 of 2009 draws attention of the Court to that part of the F.I.R. where it is found and alleged that co-accused, Dinbandhu Sharma admitted that his son Dhirendra Kumar was involved in creating forged and fabricated passport and visa in order to provide entry to naxalites into the territory of India. It is contended with reference to the averments made in paragraph No.16 that the petitioner has no criminal history. It is further stated that in course of investigation, it has come that co- accused Dinbandhu Sharma was the member of C.P.I.M.L, and has connection with naxalite but the petitioner has no connection. In the facts and circumstances, let the petitioner namely, Surendra Sharma be released on bail in furnishing bail bond of a sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Akohri Gola P.S. Case No. 6/2009 subject to the condition that one of the bails shall be 3 his own/close family member or government servant or elected representative of the area. So far petitioner of Cr.Misc. No. 28525/2009 is concerned his prayer for bail stand rejected. Bibhash (Kishore K. Mandal, J.)