IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9258 of 2010 Bhim Kora, son of Jago Kora, resident of Village-Goraiya Teghra, Police Station- Dharahara, District-Munger. ……Petitioner. Versus The State of Bihar ………………………..Opposite Party. ----------- 2. 17. 03. 2010. Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner is an accused in a case instituted under Section 124A of the Indian Penal Code and Section 17, 18A, 18B and 23 of Unlawful Assembly Provision Act, 2004. Learned counsel for the petitioner submits that that according to the prosecution case, two books, said to be Naxalite literature, and Rs. 13,580/- has been recovered from the possession of the petitioner and some other Naxalite literature was recovered from the possession of co-accused Bijoy Kumar Singh. He submits that as a matter of fact, offence under Section 124 A of Indian Penal Code is not applicable in the present case and for offences under the Unlawful Assembly Provision Act 2004, minor punishment has been prescribed. It has also been brought to the notice to the Court that co-accused Bijoy Kumar Singh @ Bijoy Singh with almost similar and identical allegation with that of the petitioner has been admitted to bail by order dated 21. 12. 2009, in Cr. Misc. No. 43425 of 2009 passed by a Bench of this Court. The petitioner is in jail since 31. 08. 2009. Learned counsel for the State, though, opposed 2 the prayer for bail, has not disputed the aforesaid position. Be that as it may, in the facts and circumstances of the case, the petitioner, namely, Bhim Kora, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the F.T.C. Ist. Munger, in connection with S.C. No. 103/2010, arising out of Dharhara P.S. Case No. 92/09, subject to conditions (a) that one of the bailors must be Government Servant or close family member of the petitioner, who will fine an affidavit in the court below showing his/her relationship with the petitioner and (c) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. m.p. (Birendra Prasad Verma, J.)