Dharmendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.431 of 2019 Arising Out of PS. Case No.-33 Year-2017 Thana- BASANHI District- Saharsa ====================================================== Dharmendra Sah, (Male-aged about 33 years), S/o Late Ashok Sah @ Late Deo Narain Sah R/0:- Mahua Bazaar, P.S.- Basnahi, District- Saharsa ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 The petitioner seeks regular bail in connection with Basnahi P.S. Case No. 33 of 2017, registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and other is of firing and killing the husband of the informant.

Earlier the prayer for bail of the petitioner was rejected vide order dated 09.08.2017 passed in Cr. Misc. No. 33344 of 2017.

Submission of learned counsel for the petitioner is that one of the co-accused person whose bail was earlier rejected vide order dated 09.08.2017 passed in Cr. Misc. No. 33344 of 2017, later on has been granted bail by this Court vide order dated 03.10.2018 passed in Cr. Misc. No. 61633 of 2018

Patna High Court Cr.Misc. No.431 of 2019(2) dt.16-01-2019 2/2 and the case of the petitioner is similar to the co-accused. The petitioner is in judicial custody since 17.04.2017. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Sessions Judge, Saharsa, in connection with Basnahi P.S. Case No. 33 of 2017, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Amjad/- U T