IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34569 of 2010
1. MANTU YADAV @ MANTU KUMAR son of Mohar Yadav
@ Bhikhari Yadav, resident of village-
Sarebagh, P.S.Sono District-Jammui
2. Prem Kumar Bhuian @ Mangal son of Late Kaila
Bhuian resident of village-Bansi, P.S.
Partappur, District-Chatra (Jharkhand)
Versus
STATE OF BIHAR
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3 08.10.2010 Heard learned counsel appearing on behalf of
the petitioners and the learned counsel appearing
on behalf of the State.
Petitioners are in custody in connection with
Surajgarha (Kajra) P.S. Case No.58 of 2007
(S.T.No.595 of 2009) for the offence punishable
under Sections 302, 379 and 304 of the Indian Penal
Code and 27 of the Arms Act and 3/4 of Explosive
Substance Act and section 17 of the C.L.A.
Substance of allegation as set out in the
F.I.R. is that in the night of 26/27.2.2007 a large
number of terrorists attacked the police picket
with fire arms etc. and as a result four police
personnels were left in dead conditions and several
injured. The terrorists also looted the firearms.
The F.I.R. was instituted against 500 to 600
unknown terrorists. The name of the petitioner has
transpired during the course of investigation on
the basis of a statement made by a co-accused
-2-
Pankaj Ram.
Learned counsel for the petitioner submits
that the said Pankaj Ram has since been granted
bail by a Bench of this Court in Cr.Misc. No. 20420
of 2008 vide order passed on 19.9.2008 (Annexure-2)
and that some similarly situated accused persons
who also had been named by the said Pankaj Ram have
been granted bail in Cr.Misc. No. 8095 of 2009 and
Cr.Misc.No.6666 of 2009 vide order passed on
30.7.2009 (Annexure-2/1).
Learned counsel submits that the case of the
petitioner stands on same or similar footing.
Taking into consideration the circumstances
and considering the submissions of the learned
counsel, let the petitioners namely, Mantu Yadav @
Mantu Kumar and Prem Kumar Bhuian @ Mangal be
released on bail upon each of them individually
furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the
satisfaction of the Additional District Judge,
F.T.C.Vth, Lakhisarai in connection with Surajgarha
(Kajra) P.S. Case No.58 of 2007 (S.T.No.595 of
2009).
Bibhash (Jyoti Saran, J.)