IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4698 of 2009 RAM PRASAD MAHTO S/O-Late Hari Mahto, R/O-Vill-Dhekaha, Bala Tola, P.S.-Pipra Kothi, Distt.-East Champaran at Motihari. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 18.04.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner seeks bail in a case which has been registered under Sections 302, 307 and some other Sections of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act. At the outset, it has been submitted that the petitioner is not an extremists neither he supports any extremists organization. So, Section 17 of the C.L.A. Act is not attracted. The occurrence is of 08.15 p.m. on 6th May, 2008. At that very time the named accused of the case namely Jagdish Mahto, Suresh Mahto, Shankar Mahto, Ramesh Mahto, Ramesh Bherihar and Nawal Kishore Tiwary along with 20-25 persons - 2 - came. A generator was giving light, at that time all the accused persons were identified. Jagdish Mahto has demanded ransom of Rs. 10 lakhs earlier from the informant’s brother on account of that enmity was going on with Jagdish Mahto. At the time of occurrence the informant’s brother Nandlal Prasad was fired 6-7 times by Jagdish Mahto who fell down. Suresh Mahto fired upon Panna Lal who received injury on his leg. Shankar Mahto fired upon the informant which caused injury on his leg. Submission is that the petitioner is not named in the FIR. Allegation of killing is specific against Jagdish Mahto who has demanded ransom earlier. The FIR named accused Nawal Kishore Tiwary has already been granted bail by this Court vide Cr. Misc. No. 38059 of 2008 on 14.11.2008. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of - 3 - Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari in connection with Motihari (Mufassil) P.S. Case No. 87 of 2008. kksinha/ (Shyam Kishore Sharma, J.)