Tetai Hasda @ Tetai Hansda v. The State Of Bihar

Patna High Court Cr.Misc. No.10384 of 2016 (3) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10384 of 2016 Arising Out of PS.Case No. -72 Year- 2015 Thana -SANOKHAR District- BHAGALPUR ====================================================== Tetai Hasda @ Tetai Hansda Son of Late Bhaibo Hasda @ Bhaiya Resident of Village Ghutiyani P.S. Amdanda District Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sanokhar (Amdanda) P.S. Case No. 72 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 Arms Act.

Allegedly, the informant after receiving telephonic message came at his house and found his mother shot dead and accordingly, he alleged that his brothers Mahendra Hansda, Shyamlal Hansda and Tetai Hansda killed his mother. Submission is of false implication and that due to land dispute and suspicion, the petitioner has been named along with others, there is no eye witness of the occurrence and only on

Patna High Court Cr.Misc. No.10384 of 2016 (3) dt.18-04-2016 hearsay the petitioner has been made accused, no motive is assigned for committing such offence, other co-accused Sethlal Hansda has been allowed pre-arrest bail, this petitioner was also one of the petitioner in that Cri. Misc. No.47244 of 2015 but he was arrested resulting he is suffering in custody since 09.09.2015 The learned A.P.P. fairly submits that Sethlal Hansda has already been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class Bhagalpur in Sanokhar (Amdanda) P.S. Case No. 72 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T