IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44633 of 2008 KAMESHWAR BAITHA S/O JAGU BAITHA, R/O VILLAGE- DHANCHABAR, P.S.- BISHRAMPUR, DISTRICT- PALAMU Versus STATE OF BIHAR ----------- 6 28/04/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner seeks bail in a case which has been registered under sections 353, 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 against 200 unknown extremists. Submission is that no one has received any injury so section 307 of the Indian Penal Code is not attracted. Prayer for bail of the petitioner was rejected by the court below merely on the ground that he bears criminal antecedent. The petitioner has expressed his desire to join the main stream of the society. A supplementary affidavit has been filed on behalf of the petitioner giving the details of identically situated other accused persons who have been admitted to bail who also were having criminal antecedent. Considering the facts and circumstances of the case, the petitioner Kameshwar Baitha is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like 2 amount each to the satisfaction of the C.J.M.,/concerned Court, Rohtas at Sasaram in connection with Nauhatta P.S. Case No. 16 of 2001. avin (Shyam Kishore Sharma, J.)