IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18678 of 2009 SANJAY TIWARI Versus STATE OF BIHAR ----------- 3 17.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under diverse sections of Indian Penal Code including Section 307IPC and various sections of Arms Act as also of Explosive Substance Act. As per the F.I.R., 30-35 armed accused belonging to Naxalite group were staying at a place located at the foot of the mountain in order to commit some offence. Police party raided the said place. There was firing and cross-firing. It appears that one of the police personnel received some injuries. Accused assembled there escaped leaving behind various arms and ammunitions including literatures, mobiles etc. Learned counsel submits that he is in custody since 22.1.2009 based only on the confessional statement. Learned A.P.P., looking to the case diary, states that there is no direct evidence but the occurrence has been supported by several witnesses in course whereof, several articles, indicating that the accused belong to the Naxalite group, have been recovered. In the facts and circumstances of the case, let petitioner abovenamed be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like 2 amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah in connection with Roh P.S. case no. 06 of 2009 subject to the following conditions: (i) One of the bailers will be own/close family member of the petitioner. (ii) The petitioner shall report to the officer- in-charge, Kurtha police station in the district of Arwal once in every month preferably on Saturday/Sunday for five months from the date of his release. In case of default in his such appearance/report, the officer-in-charge, Kurtha Police Station shall promptly report the matter to the court in seisin of the matter whereafter it shall be open to the court to cancel his bail bond and secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )