IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21279 of 2009 DEO KUMAR MISTRI @ DHIRAJ JI @ MURARI JI Versus THE STATE OF BIHAR ----------- 03 25.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 147, 148, 149, 307, 353, 332, 333 of the Indian Penal Code, Section 27 of the Arms Act, Section 3, 4, 5 of the Explosive Substance Act and Section 17 of the C.L.A. Act. While offering a chase to the extremist in connection with a case, the Police parties were faced with another group of Nexalites. There were firing and cross firing. Upon the retreat of the miscreants huge number of arms and ammunitions are said to have been recovered from the place. Learned counsel submits that the name of the petitioner transpired at a very late stage of the investigation on the strength of certain statement which cannot be said to be legally admissible. Petitioner is in custody since 12.2.2009. One fact is evident from the record, that petitioner was remanded in the case from different case. Looking to the material available on records including the F.I.R., this Court is persuaded 2 to admit the petitioner on bail. In the facts and circumstances of the case, the above named petitioner 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 S.D.J.M., Bikramganj, District- Rohtas in connection with Nasriganj P.S. Case No. 76 of 2007 subject to the following two conditions:- (I) One of the bailors should be the own/ close family members of the petitioner. (II) The petitioner shall appear before the Officer-in-charge of Nasriganj P.S. Case No. 76 of 2007 or any Officer-in- charge of the said Police Station once in a month (preferably on Saturday or Sunday) for a period of five months. In case of default in such appearance before the Officer-in-charge, same shall be promptly reported to the trial court/ court in sesin of 3 the case, whereafter it shall be open to the trial court to cancel his bail bonds and secure his arrest in accordance with law. P.K. ( K.K. Mandal, J.)