IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1042 of 2011 DABLOO CHAURASIA @ NITYANAND CHAURASIA Versus THE STATE OF BIHAR with Cr.Misc. No.2797 of 2011 ONKAR YADAV Versus THE STATE OF BIHAR ----------- 3 23.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Both the above-said Cr. Misc. Cases arise out of the same case i.e. Kharagpur P.S. case No. 33 of 2010 registered under sections-121(R), 122 of the of the Indian Penal Code, 25(i-A), 26(i)(ii) and 35 of the Arms Act as well as sections-3, 4 & 5 of Explosive Substances Act as also section-17 of C.L.A. Act and accordingly, the above-said Cr. Misc. Cases are being heard and disposed of by this common order. It would appear from perusal of the FIR that the informant and other police officials recovered in huge quantity of RDX and other articles as well as some literature of naxlites Organization. The local people disclosed the name of naxlites including the petitioners. The contention of learned counsel for the petitioners is that the parental and address of the named accused has not been given by the persons who had disclosed the name of FIR named accused persons. He further points out that having - 2 - similar allegation, one co-accused, namely, Pramod Sah has already been granted privilege of bail by another bench of this case vide order dated 05.05.2010 passed in Cr. Misc. No. 14249 of 2010 and the aforesaid fact has specifically been mentioned by the petitioners at Paragraph-11 of Cr. Misc. Case No. 1042 of 2011. Although learned counsel appearing for the state referred Paragraphs-16, 17 & 18 of the case diary but by filing supplementary affidavit, it has been clarified on behalf of the petitioners that in the aforesaid paragraphs, the witnesses had also named co-accused, Pramod Sah. In view of the aforesaid facts and circumstances as well as submissions of the parties, the petitioners, namely, Dabloo Chaurasia @ Nityanand Chaurasia ( in Cr.Misc. No.1042 of 2011) and Onkar Yadav are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Kharagpur P.S. case No. 33 of 2010 to the satisfaction of Chief Judicial Magistrate, Munger subject to condition that one of the sureties shall be close relative of the petitioner and holder of landed property. AKV/- (Hemant Kumar Srivastava,J.)