IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31699 of 2011 Ramesh Prasad @ Ratnesh Prasad @ Ratnesh Sah S/o Late Ajeet Prasad Sah R/o Vill.- Pipra Khem, P.S- Kalyanpur, Distt.- East Champaran …Petitioner Versus 1. The State Of Bihar …OP ---------------------------------- 3/ 15.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 307 and other allied sections of the Indian Penal Code, sections 25(1-B)A, 26, 27, 35 of the Arms Act, ¾ of the Explosives Substance Act and section 17 of the Criminal Law Amendment Act. On 13.03.2011, the informant received information that in village Dharmaha Tola Kasba group of Maoists were camping with ultra modern arms. On this information, a police force was constituted which reached there and firing between two groups took place. In the said firing, four persons on the Maoists side lost their lives and ten persons were arrested. The petitioner was not one of them. Subsequently, during investigation in paragraph 94, secret information was given to the Investigating Officer, wherein, it was mentioned that two rival candidate of Panchayat election in Dharmaha Tola were in fact behind the occurrence. On one side was Arun Kushwaha and Anil Kuswaha, whereas, the other side was Uday Narain Sharma, who was Ex-Mukhiya of that Panchayat. It is at their instance that Maoists had been called by Anil and Arun on that particular day to commit bank dacoity and generally scare the people at large. The Investigating Officer also learnt that the petitioner, who was the 2 Mukhiya of Pipra Khem, had assisted Arun Kuswaha and Anil Kuswaha in this transaction. However, there is no direct material against the petitioner apart from the subsequently recorded confessional statement of the co-accused. Considering the same, let the petitioner, above named, who is in custody since 06.05.2011, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Kesaria P.S. Case No.32 of 2011, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner and another bailor shall be Brajesh Kumar Pandey, cousin of the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive 3 dates, his bail will be liable to be cancelled. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, East Champaran, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next one year. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. JA/- (Anjana Prakash,J.)