IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52605 of 2008 1. RAMCHANDRA SINGH @ R.C.PRASAD 2. ASHOK YADAV 3. DHARMENDRA SAHO @ DHANO @ DHARMENDRA KUMAR Versus STATE OF BIHAR ----------- 6. 16.07.2009 Heard counsel for the parties. The petitioners have approached this Court seeking bail in a case instituted under sections 121,121A,123,124 and 120B IPC including section 17 of Criminal Law Amendment Act. As per the prosecution case, the police got an information that some persons belonging to Maoist group had assembled to carry out their political agenda. When the police went there, they found the petitioners standing in suspicious condition and were apprehended. It is alleged that from their possession certain naxal literatures was/were seized. This Court earlier called for the case diary which has been received. Subsequently, under order dated 13.04.2009 antecedent report(s) respecting the petitioners were called for. Two reports appear to have been received in this Court placed at Flag C and D. It appears that the Superintendent of Police is not able to submit any positive report regarding the antecedents of the petitioners. Learned counsel for the petitioners submits that petitioners have themselves filed an affidavit indicating/detailing their antecedents. So far as petitioner no.1 (Ramchandra Singh @ - 2 - R.C.Prasad) is concerned, it has been stated that he is accused in three other criminal cases in which he has been enlarged either on anticipatory bail or regular bail. So far as petitioner no.3 (Dharmendar Saho @ Dhano @ Dharmendra Kumar) is concerned, it has been contended that apart from the present case, he is accused in Khagaria (T) P.S.Case No.465/2007 wherein he has been granted bail. There is no criminal case against the petitioner no.2. Learned counsel for the petitioners submits that they have been apprehended on suspicion that they belong to naxal group and carried certain naxal literatures. Nothing more further has come against them. It is submitted that they are languishing in jail since 25.8.2008. Learned APP, appearing on behalf of the State, looking to the case diary, is not in a position to further add to the circumstances justifying their continuance in jail custody. Having regard to the facts and circumstances of the case, let the petitioners abovenamed be released on bail on furnishing bail bond of Rs.10,000/- each, with two sureties of the like amount each to the satisfaction of CJM, Patna in connection with Kadam Kuan P.S.Case No. 301/2008 subject to the following conditions: 1. In case of each petitioner, one of the bailors shall be his own/close family member. 2. Petitioner no.1 ( Ramchandra Singh @ R.C.Prasad) - 3 - shall appear before the officer-in-charge of Bibhutipur police station within the district of Samastipur and in case of petitioner no.3 (Dharmendra Saho @ Dhano @ Dharmendra Kumar) he shall report before the officer-in-charge of Parihara police station within the district of Begusarai once a month (preferably on Saturday or Sunday) for a period of six months from the date of their release from jail custody. In case of default in such appearance in person before the officers-in-charge, as indicated above, the latter shall promptly report the matter to the court in seisin of the case/trial and thereafter it shall be open to the court concerned to cancel the bail bonds of petitioner nos.1 and 3 and to secure their arrest in accordance with law. hr ( Kishore K. Mandal )