IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43425 of 2009 BIJOY KUMAR SINGH @ BIJOY SINGH Versus STATE OF BIHAR ----------- 3. 21.12.2009 Heard. The petitioner is in custody on the allegation that on search of the persons of the two arrested men some cash as also some literatures in the form of hand built and booklets were recovered from either of them. The story further is that on questioning accused persons denied indulging in provocation of any ideology but on verification it was found that petitioner and other accused were distributing the naxali literature so as to provating and apprise against the Government and its set up. The contention is that on mere reading of the provision of Section 124A of the Penal Code, in the light of the facts alleged, it may be found that the law has wrongly been applied in drawing up of an F.I.R. The contention further was that the purposes which are spoken of by the legislature in the provision of Section 124 A 2 of the Penal Code are the central allegations, mere acts of distribution of any literature may not be sufficient. It was also contended that the ultimate effect of any words spoken, written or in visible report should be to create hatred or ill will towards the Government of the day which has been established by law. The contention further is that it has been an illegal arrest of innocent persons for justifying it the police has created a concocted story. Be that as it may, under the facts of the case, in the light of the provision of the Penal Code and other law, let the petitioner Bijoy Kumar Singh alias Bijoy Sigh be directed to be released on furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger, in Dharhara P.S.Case No. 92 of 2009. Kanth ( Dharnidhar JHa, J.)